Enforceability of contractual or statutory rights in employment relationship

The Federal Labour Court (BAG, 10th Senate) dismissed the employee’s revision appeal, thereby upholding the Landesarbeitsgericht Hamm’s judgment in favor of the employer and ordering the employee to bear the costs of the revision; the appeal concerned a dispute over the enforceability of contractual or statutory rights in the employment relationship, where the higher court confirmed that the lower court’s legal assessment was correct; the decision rests on the standard of review for revision proceedings under German labor procedure law, which confines appellate scrutiny to errors of law and the proper application of material norms governing the termination or modification of the employment agreement.