Berlin Labour Court, 17.04.2015, Ref.: 28 Ca 2405/15
The previous case law on the immorality of terminations due to the employee's excessive behaviour has become obsolete since the ban on excessive behaviour standardised in Section 612a BGB came into force.
§ Section 612a BGB therefore takes precedence as lex specialis over the general regulation of immoral termination in Section 138 BGB.
In accordance with Section 612a of the German Civil Code (BGB), the employer may not disadvantage an employee in an agreement or measure because the employee is exercising his or her rights in a permissible manner.
The prohibition of disciplinary measures is thus intended to safeguard the de facto exercisability of the right by eliminating the employee's fear of disciplinary action by the employer when exercising the right and in this way providing flanking protection for the right to be exercised itself.
In the Berlin Labour Court case discussed here, the court had to examine whether the dismissal of a caretaker was invalid due to a breach of the prohibition of reprimands because the caretaker wanted to enforce the minimum wage against his employer and had been dismissed as a result.
Source: Labour Court Berlin
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