Restoration of working and pay conditions

During the employment relationship, the terms and conditions of work and pay may be terminated (Art. 42 of the Labor Code). If a dispute arises between the employee and the employer on this background, the court may decide to restore working and pay conditions. If the employee wins in such a dispute, the court does not have to adjudicate on reinstatement, as the employment relationship is still ongoing (there has only been a change in working and pay conditions). This was recalled by the Supreme Court in its decision of April 28, 2021 (III PSK 53/21).