Kenny Janssens

The Mecklenburg-Western Pomerania Regional Labour Court (LAG) clarified in its ruling of 28 January 2025 (Ref.: 5 SLa 159/24) that different remuneration for employees performing the same job does not automatically violate the principle of equal treatment under labour law or the equal pay requirement pursuant to Section 7 of the German Pay Transparency Act (EntgTranspG). In the case on which the judgement was based, a personnel manager sued for a significantly higher salary after colleagues who were subsequently hired received significantly higher remuneration. The court denied the plaintiff's claim to payment of the differential remuneration because better professional qualifications and longer, more relevant professional experience constitute objectively justified reasons that allow for unequal treatment.

The EU Regulation on Artificial Intelligence (AI Regulation, AI Regulation or AI Act) has been in force since 2 February 2025 and introduces the first binding obligations. A central regulation concerns the obligation of companies to train their employees* in the use of AI systems if AI systems are used (e.g. in the HR department, in customer service or in sales). The following article looks at what this means for companies and their employees in concrete terms and the consequences of a possible breach:

If the employer and employee agree a variable remuneration in the form of a bonus in the employment contract, the payment of which is linked to the achievement of various targets that are unilaterally set by the employer, the employer is liable to pay damages to the employee if it sets the employee the targets so late that the target cannot have any incentive or motivational function for the employee (BAG, judgement of 19 February 2025, Ref. 10 AZR 57/24 ).

Following its failure to qualify for the League of Legends (LoL) Worlds 2024 for the first time since 2016, the e-sports organization Cloud9 has once again stirred up the LoL scene by unexpectedly terminating the contract of Joseph Joon "Jojopyun" Pyun, a player signed as recently as November 2023. The reason behind the termination is reportedly Jojopyun’s tardiness to training sessions, workouts, and meetings on at least 43 occasions.

The prima facie case of registered mail and alternative means of delivery

The Federal Labour Court (Bundesarbeitsgericht - BAG) has ruled that a woman is entitled to the same remuneration as her male colleagues if the employer pays the male colleagues a higher remuneration for the same or equivalent work on the grounds of gender.