Co -determination right and injunctive relief in the (supposed) toleration of overtime?
The employer -like tolerance remains subject to co -determination if there is a collective fact of the fact. Whether such tolerance is available is still very individual. The decision of the BAG shows that the works council's claim for injunctive relief in the event of a supposed employer tolerance of overtime is not a self -run. You can find the contribution by Ra Dirk Helge Laskawy and Ra Peggy Lomb on the judgment of the Federal Labor Court of July 28, 2020 .
