Preclusion periods included in employment contracts to assert
existing claims keep being the subject of labor court proceedings.
In a more recent decision, the Federal Labor Court specified not
only the consequences of a lacking exception of the statutory
minimum wage and the conditions for legally abusive reference to
the forfeiture of claims, but also the requirements to properly
assert claims to maintain the first stage of a two-stage preclusion
period.
Federal Labor Court, judgment of April 17, 2019 - Case 5 AZR
331/18
The plaintiff was employed by the defendant as Head of the
Technology and Application Technology Division from June 1, 2012 to
March 31, 2017. The employment ended due to the plaintiff giving
notice of termination. The employment relationship was based on a
written employment contract dated February 20, 2012, which provided
for an annual gross salary of EUR 102,000.00 and a
performance-related bonus of EUR 15,000.00. The
