German Court Sets Stricter Standards for Sick-Leave Dismissals as World Cup 2026 Raises Absence Fears
14.06.2026 - 00:42:01 | boerse-global.de
A series of recent labor court rulings in Germany is sharpening the legal boundaries for employers, with one decision imposing tighter duties on companies before they can fire workers on health grounds – just as the 2026 World Cup threatens drowsy absenteeism across the country.
In a ruling on October 23, 2025 (case number 6 SLa 184/25), the Cologne State Labor Court (LAG Köln) declared the sickness-related dismissal of a street cleaner invalid because the employer had not properly conducted the legally required return-to-work process – known in Germany as the Betriebliche Eingliederungsmanagement or BEM. The key twist: when an employee sends contradictory responses – refusing the BEM procedure itself but simultaneously asking for the works council to be involved – the employer cannot treat that as a straightforward rejection. Instead, the company must clarify the misunderstanding before it can serve a termination notice.
The same principle – employers must take health-related duties seriously – applies under UK law. A lack of proper health and safety documentation can lead to costly fines and legal exposure. A free Health & Safety Toolkit provides ready-to-use risk assessments, checklists, and templates to help UK companies stay compliant with current regulations. Download the free Health & Safety Toolkit
The same court also clarified how pay for full-time union representatives on works councils should be calculated. The LAG Köln ruled that a comparison group of three colleagues is normally sufficient, although it stressed that “in der Regel drei” (generally three) implies a rule-with-exception – not a rigid minimum. Critically, if employees leave the comparison group, the employer may not unilaterally replace them. Any new selection requires the agreement of both the employer and the works council, or a binding works agreement.
That ruling gives works councils stronger leverage, but at the municipal pool operator KölnBäder GmbH the tension is already raw. The union ver.di in Cologne came out publicly in mid-June 2026, accusing the company of pushing union-busting tactics after it accused a full-time works council member of a working-time violation. The company issued a suspension and began pursuing dismissal. The works council withheld its consent, and ver.di called the move a deliberate obstruction of legitimate council activities, demanding the company withdraw the measures.
Two other regional courts have added to the mix. The Rhineland-Palatinate State Labor Court ruled in early September 2025 that, for the purpose of the threshold in Section 23 of the Dismissal Protection Act, only employees working inside Germany count. A German employer with just one home-office worker in the country does not reach the threshold – even if a foreign subsidiary employs hundreds.
Meanwhile, the Hesse State Labor Court decided on January 26, 2026, that job ads using exclusively feminine job titles create a presumption of discrimination. A bare claim that it was a typo does not suffice. In the case in question, the court awarded the complainant 1.5 times their gross monthly salary in compensation.
With the World Cup kicking off in June 2026 across the United States, Canada and Mexico, the time difference will push kick-off times for German viewers between 6?PM and 6?AM. Employment-law specialists warn that voluntary sleep deprivation from watching late matches will not excuse lateness or absence. Employers are not required to take football enthusiasm into account when scheduling shifts. A missed shift means loss of pay, a written warning, and in repeat cases, potentially termination. Streaming at the workplace is also not a right – unless a company agreement allows it.
