In a current ruling (judgment of 24 August 2016 – 5 AZR 703/15, not yet published), the German Federal Labour Court declared a preclusion period clause invalid because it included a reference to the entitlement to minimum remuneration under the Act on the Posting of Workers (AEntG). It is still open whether the same applies to entitlements to the statutory minimum wage (German Minimum Wage Act (MiLoG)).
If you wish to be on the safe side, you should review your standard employment contracts and make adjustments to the preclusion period were appropriate. More information on this topic can be found in the attached newsletter.
Attachment
PDF
326.4 kB
Employment law – in brief: preclusion clauses in standard employment contracts, September 2016
