Social plan with waiver of contestation of dismissal
Supreme Court from 29.4.2021, 9 ObA 9/21w - Social plan with waiver of contestation of dismissal. § 105 ArbVG: In social plans, the social plan payment of a voluntary severance payment can be made dependent on the employee's omission to challenge the dismissal in court in accordance with § 105 ArbVG. The employee was not prepared to agree an amicable termination of the employment relationship and was dismissed, [...]
First German Higher Regional Court refers the question of the interpretation of medically required nutrient requirements for FSMP to the CJEU
OLG Düsseldorf, 28.06.2021, I-20 U 178/20 - Reference for a preliminary ruling on the interpretation of the medically required nutrient requirement for FSMP. It was only a matter of time before the question of medically required nutrients within the meaning of the Delegated Regulation on foods for special medical purposes was referred to the CJEU. After three German Higher Regional Courts have, as far as can be seen, opposed the legal opinion [...]
Questions and answers about the health risks of hemp-containing foods.
Publication of the German Federal Institute for Risk Assessment (BfR) - July 16, 2021. Since in many cases Austrian authorities also rely on assessments by German authorities and institutions, we would like to draw your attention to the publication "Questions and Answers on the Health Risks of Foods Containing Hemp" by the German BfR. The document contains many important questions. Here you can find the treated questionnaire: [...]
Eligibility Requirement for Voluntary Severance Pay in a Social Plan
OGH 29.4.2021, 9 ObA 9/21w - Entitlement Requirement of a Voluntary Severance Payment in a Social Plan. The granting of a voluntary severance payment in a social plan can be effectively made dependent on the waiver of a termination challenge. It is therefore permissible to agree in a social plan that a voluntary severance payment will only be granted to those employees who have accepted the dismissal carried out on the basis of the [...]