Federal Labor Court
|position||Federal Supreme Court|
|Exist||since April 1954|
|head office||Erfurt (since 1999)|
|management||Ingrid Schmidt , President of the Federal Labor Court|
As an authority , the Federal Labor Court is subordinate to the Federal Ministry of Labor and Social Affairs and is subject to its official supervision . However , it is independent in its work as a court .
In the other states of the German-speaking area there is no independent supreme labor court; the final decisions in labor matters are part of the jurisdiction of the highest civil court. In this is Liechtenstein Princely Supreme Court in Luxembourg Supreme Court , in Austria 's Supreme Court and in the Switzerland Federal Court .
History and seat
It was only after the Second World War that labor jurisdiction was completely separated from ordinary jurisdiction . The Basic Law , which came into force in 1949 , provided for labor jurisdiction as an independent branch of the legal system with its own supreme court in Article 96 (1), which in principle corresponds to today's (1). Implemented this constitutional requirement was, which came into force on October 1, 1953 Labor Court Act , which was established by the Federal Labor Court. It began its judicial activity in April 1954 in Kassel .
In the course of German unification, the Independent Federalism Commission decided in May 1992 to relocate the Federal Labor Court to Thuringia . In 1993 the state capital Erfurt was determined as the future seat of the court. Since the move from Kassel to Erfurt in 1999, the court has its seat on the site of the former horn factory of the Petersberg Citadel .
The task of the Federal Labor Court is to maintain the uniformity of case law in the field of labor law as well as the further training of the law in the areas in which the legislature has unconsciously not created any final regulations or deliberately left the detailed formulation of the law to the courts (e.g. in Industrial action law ).
The Federal Labor Court decides on appeals against judgments of the regional labor courts . In principle, the appeal must be approved by the regional labor court ( (1) ArbGG ). According to (2) ArbGG, possible reasons for admission are a relevant legal question of fundamental importance, a deviation from a decision by another panel of equal or higher ranking, an absolute reason for a review or a decision-relevant violation of the obligation to be heard. If the regional labor court does not allow the appeal, there is the possibility of a non-admission complaint ( ArbGG), on which the federal labor court decides. If the non-admission complaint is accepted, the revision is permitted. Legal complaints can be lodged with the Federal Labor Court against decisions of the regional labor courts , which must be approved under the same conditions as an appeal.
In exceptional cases, if the parties agree, a decision by a labor court can also be appealed directly to the Federal Labor Court (so-called jump revision , ArbGG), for example in the case of legal disputes about collective agreements , industrial action or questions of freedom of association.
Like all appeal courts, the Federal Labor Court does not usually make any factual findings, but only reviews the contested decisions with regard to whether they contain legal errors. If a revision is found to be unfounded, it is rejected and the judgment under appeal becomes final . If, on the other hand, the appeal is well-founded, the Federal Labor Court can amend the judgment if all the factual findings necessary for the decision can be found in the reasoning for the judgment. If facts relevant to the decision are missing, the legal dispute will be referred back to the regional labor court for a new hearing.
Employees and way of working
The court is divided into ten senates, each with three or four professional judges, a total of 38 judges (as of November 2018). The proportion of women among the judges is currently (as of November 2018) with 17 out of 38 people, almost 45 percent. Furthermore, the court has 118 non-judicial employees and an average of eleven scientific employees are employed (as of 2018) who support the judges in their work.
The senates decide with three professional judges - a chairman and two assessors - as well as one honorary judge each from the circles of employers and employees. As a rule, the parties must be represented by a lawyer before the Federal Labor Court. Any lawyer admitted to a German court is entitled to represent the company. If an oral hearing (normal case) takes place or a decision is made in a written procedure (with the consent of the parties), then in the case of revision proceedings a decision is made by judgment , whereas in appeal proceedings decisions are made after consultation (normal case, similar to written proceedings; no consent of those involved) or after an oral hearing by resolution .
The responsibility of the respective Senate is based on the legal issues to be decided and results from the schedule of responsibilities , which (as of September 2020) looks as follows:
- Chair: President of the Federal Labor Court Ingrid Schmidt
- 1st assessor: Kristina Schmidt
- 2nd assessor: Martina Ahrendt
- Chairman: Ulrich Koch
- 1st assessor: Stephanie Rachor
- 2nd assessor: Jan-Malte Niemann
- 3rd assessor: Guido Schlünder
3rd Senate: Company pension scheme including pension losses
- Chairman: Bertram Zwanziger
- 1st assessor: Günter Spinner
- 2nd assessor: Claudia Wemheuer
- 2nd assessor: Sebastian Roloff
- 3rd assessor: Eva Günther-Gräff
4. Senate: collective bargaining law and application of a collective agreement in its entirety to an employment relationship, application of a collective agreement in operation, input , RAISE, conversion and return groupings
- Chairman: Jürgen Treber
- 1st assessor: Waldemar Reinfelder
- 2nd assessor: Ursula Rinck
- 3rd assessor: Saskia Klug
5th Senate: Wage claims including remuneration in kind and working time accounts, payment for delayed acceptance, minimum wages, continued payment of wages in the event of illness and on public holidays, maternity leave and all legal disputes that are not the responsibility of other Senates
- Chairman: Vice-President Rüdiger Linck
- 1st assessor: Josef Biebl
- 2nd assessor: Anke Berger
- 3rd assessor: Annette Volk
6th Senate: Interpretation of collective agreements and similar regulations of the public service, the Allied Armed Forces, the predominantly publicly owned companies and religious societies, church employee representation law, insolvency law, termination of the employment relationship outside the scope of the Dismissal Protection Act , termination of the vocational training relationship, termination of the employment relationship in any way other than by giving notice
- Chair: Karin Spelge
- 1st assessor: Markus Krumbiegel
- 2. Assistant: Claudia Wemheuer
- 3rd assessor: Ronny Heinkel
7th Senate: Termination of employment relationships due to a time limit or condition or due to the Temporary Employment Act as well as subsequent claims for continued employment, formal works constitution, staff representation and speaker committee law, decision-making procedure for an employee representative body formed in accordance with SGB IX , co-determination in individual personnel measures
- Chair: Edith Gräfl
- 1st assessor: Oliver Klose
- 2nd assessor: Maren Rennpferdt
- 3rd assessor: Matthias Waskow
8. Senate: Compensation for damages , compensation, contractual penalties, transfer of operations and related dismissals as well as subsequent claims for continued employment, reinstatement and severance payments
- Chair: Anja Schlewing
- 1st assessor: Regine Winter
- 2nd assessor: Hinrich Vogelsang
- 3rd assessor: Sebastian Roloff
9. Senate: Vacation law , vacation pay, parental leave, partial retirement and other forms of early retirement , certificates, working papers and personnel files, entitlements to the establishment of an employment relationship, employee status, competitor lawsuit in the public service (Article 33, Paragraph 2 of the Basic Law), occupational health and safety, Employee invention right, reimbursement of expenses, vocational training, participation in working life according to SGB IX
- Chairman: Heinrich Kiel
- 1st assessor: Margot Weber
- 2nd assessor: Jens Suckow
- 3rd assessor: Ralf Zimmermann
10. Senate: gratuities , stock options and special payments, result-oriented payments including piecework and premium wages, target agreements, allowances, surcharges and compensation for work performed under special circumstances, competition, commercial agent and enforcement law, labor and employment obligations, legal disputes that affect the relationship concern a common body of the parties to the collective bargaining agreement
- Chair: Inken Gallner
- 1st assessor: Ulrike Brune
- 2nd assessor: Fabian Pulz
- 3rd assessor: Sascha Pessinger
If a Senate wishes to deviate from a decision of another Senate on a legal issue, it must call the Grand Senate in accordance with (2) ArbGG , which then decides on the case. In addition, a Senate can submit a legal question of fundamental importance to the Grand Senate for a decision if, in its opinion, this is necessary for the further development of the law or to ensure uniform jurisdiction ( (4) ArbGG).
Pursuant to(5) ArbGG, the Grand Senate is composed of the President of the Court, one professional judge (determined in the division of responsibilities) from each Senate and three honorary judges each from the circles of employees and employers.
Presidents and Vice Presidents
|No.||Name (life data)||Beginning of the term of office||Term expires|
|1||Hans Carl Nipperdey (1895–1968)||April 12, 1954||January 31, 1963|
|2||Gerhard Müller (1912–1997)||February 26, 1963||December 31, 1980|
|3||Otto Rudolf Kissel (* 1929)||January 1, 1981||January 31, 1994|
|4th||Thomas Dieterich (1934-2016)||4th February 1994||June 30, 1999|
|5||Hellmut Wißmann (* 1940)||July 5, 1999||February 28, 2005|
|6th||Ingrid Schmidt (* 1955)||March 1, 2005||in office|
|No.||Name (life data)||Beginning of the term of office||Term expires|
|1||Wilhelm König (1905–1981)||January 1, 1970||May 31, 1973|
|2||Fritz Poelmann (1913–1977)||4th July 1973||July 28, 1977|
|3||Hermann Stumpf (1912–1997)||1st December 1977||October 31, 1980|
|4th||Friedrich Auffarth (1918-2004)||November 7, 1980||January 31, 1986|
|5||Dirk Neumann (* 1923)||February 1, 1986||April 30, 1990|
|6th||Gisela Michels-Holl (* 1928)||May 11, 1990||September 30, 1993|
|7th||Karl Heinz Peifer (* 1937)||October 1, 1993||August 31, 2002|
|8th||Hans-Jürgen Dörner (* 1944)||September 1, 2002||September 30, 2009|
|9||Rudi Müller-Glöge (* 1951)||October 1, 2009||January 31, 2017|
|9||Rüdiger Linck (* 1959)||20th June 2017||in office|
Building in Erfurt
On November 22, 1999, the Federal Labor Court began its operations in Erfurt - in a new service building designed by the architect Gesine Weinmiller and built between 1996 and 1999. The design won an architectural competition advertised across Europe in 1995 with 167 competition entries. In 2000, the completed building was awarded the Thuringian State Prize for Architecture and Urban Development . The course and location of the horn factory formerly located on the property are symbolically represented in the surrounding park by a granite path.
The rectangular, compact-looking four-storey structure has two inner courtyards and faces north. Its energy-saving climate skin with its many windows makes the building appear open despite its compactness.
Inside the building, dark American oak tones and natural stone floors made of pale green Ticino gneiss dominate. All public areas, such as the negotiation rooms , the casino or the library , which on the first floor surrounds the inner courtyard of the building, are accessed via a naturally-lit, two-storey foyer . One third of the axis grid, which is flexible for future use, is filled with massive slate panels that are arranged in 2: 1 alternation with the window elements and are offset from one another across the floors. This offset gives the Theumar slate facades a light-looking play of shapes. In their milled slate panels, there are movable glass sliding shutters decorated with enamelled writing as sun protection. The barely noticeable text that filters the sun represents the endlessly repeating first paragraph of the first article of the Basic Law.
The address, at Hugo-Preuß -Platz 1, is reminiscent of a German constitutional lawyer who in 1918/1919 drafted a democratic Reich constitution that became the basis for the Weimar constitution and thus also for today's German Basic Law.
The official costume for the judges and the clerks at the Federal Labor Court was determined by the order of the Federal President about the official costume at the Federal Labor Court and the Federal Social Court .
The official costume consists of an official robe and a beret . The trimmings on the crimson official robe and beret depend on the function. The trimmings are made of silk for judges and woolen for the notary staff. The President of the Federal Labor Court wears three gold cords on the beret, a presiding judge at the Federal Labor Court two gold cords and a judge at the Federal Labor Court two crimson cords. Today, berets are only worn for swearing in by honorary judges or in the Grand Senate. The previously common white necktie was replaced by white ties and shirts. Female federal judges only wear a white blouse.
The Federal Labor Court has a legal, labor law special library with around 98,000 volumes and around 270 current journals . As a court library, it is primarily available to judges and court staff. In addition, external parties can also use the library within the framework of the library's usage regulations.
- Hartmut Oetker, Ulrich Preis, Volker Rieble: Festschrift 50 Years of the Federal Labor Court. Verlag CH Beck, 1st edition, Munich 2004, ISBN 3-406-51533-9 .
- Gesine Weinmiller, Klaus Kinold: The Federal Labor Court in Erfurt , Richter Verlag; 2003. ISBN 3-933807-41-7 .
- List of judges at the Federal Labor Court
- List of German courts
- Regional Labor Court , Labor Court
- Decisions of the Federal Labor Court
- Website of the Federal Labor Court
- Overview of the case law of the Federal Labor Court
- Federal Labor Court in Erfurt ( Memento from January 20, 2008 in the Internet Archive )
- Steffen Raßloff : Modernism in a historical setting. The Federal Labor Court in Erfurt. In: Thüringer Allgemeine , September 27, 2014
- Falk Jaeger: Subtle play with inside and outside. Gesine Weinmiller's German Federal Labor Court in Erfurt . In: Neue Zürcher Zeitung (NZZ) , November 24, 1999
- Judgments of the Federal Labor Court in full text
- Labor Court Act, Section 40, Paragraph 2 - Establishment .
- Wolfgang Linsenmaier: History of labor jurisdiction. In: bundesarbeitsgericht.de , accessed on May 30, 2012.
- Duties of the Federal Labor Court and legal remedies. In: bundesarbeitsgericht.de , accessed on May 30, 2012.
- Federal Labor Court - Division of responsibilities November 2018 (accessed on November 1, 2018).
- Text of the arrangement (PDF file; 20 kB).
- Hannes Berger: Access to court libraries: An investigation into cultural law using the example of the highest federal courts . In: Journal for State Constitutional Law and State Administrative Law (ZLVR) 2/2021, pp. 34–45 ( online ).