Employers beware: An increasing number of first-instance decisions are being handed down by the labor courts, according to which the dismissal of a severely disabled employee may also be invalid during the probationary or waiting period if no so-called prevention procedure has been carried out beforehand.

On March 13, 2024, the Federal Cabinet passed the Fourth Act to Reduce Bureaucracy for Citizens, Business and the Administration (BEG IV). This law aims to reduce unnecessary bureaucracy and affects various areas of law and life, including labor law and commercial law.

In its ruling of February 7, 2024 (case no. 5 AZR 177/23), the Federal Labor Court further specifies its case law on malicious omission in the context of claims for default of acceptance and thus provides employees and employers with further important information on how to deal with claims for default of acceptance.