Eligibility Requirement for Voluntary Severance Pay in a Social Plan
OGH 29.4.2021, 9 ObA 9/21w - Entitlement Requirement of a Voluntary Severance Payment in a Social Plan. The granting of a voluntary severance payment in a social plan can be effectively made dependent on the waiver of a termination challenge. It is therefore permissible to agree in a social plan that a voluntary severance payment will only be granted to those employees who have accepted the dismissal carried out on the basis of the [...]
Prohibition of the Marketing of a Hemp Seed Oil containing cannabidiol Hemp Aroma Extract
OVG Lüneburg, decision of 4.2.2021, 13 ME 545/20 - Prohibition of the marketing of a hemp seed oil with cannabidiol-containing hemp flavor extract. "A product is not to be regarded as an "aroma" or "aroma extract" if it itself has a particular odor and/or flavor, or if it can impart or modify a particular odor and/or flavor to food. Rather, what is required is that the [...]
Labor Law UPDATES
There are some interesting decisions in the category of labor law that we do not want to withhold from you. 1. OGH, 25.2.2021, 8 ObA 2/21h - Termination agreement of an employment relationship after threat of dismissal "A termination agreement concluded under threat of dismissal is legally effective if the employer had plausible and objectively sufficient reasons for its pronouncement."
New ECJ ruling: indication of intended use & precautions for use of cosmetic products
CJEU, Judgment of 17.12.2020, C-667/19 - Intended use of a cosmetic product and information on special precautions for use: Consumer language and product catalog. The decision is based on the case of an owner of a Polish beauty salon who purchased American cosmetic products from a sales representative, on the packaging of which the intended use did not appear. Instead, there was a symbol depicting a [...]