Our newsletters on current and interesting labor law topics are published at irregular intervals.
One-person GmbH – Federal Social Court on Evasion Models in the Case of False Self-employment
Reduced Protection against Mass Layoffs? – ECJ on Consequences of Errors in the Mass Layoff Process
Equal Pay – Let’s Hear It for the Freedom of Contract
From Me Too to Dieselgate – No Data Protection is Protection of a Misdeed!
Compensation for Works Council Members as Embezzlement? Six Months after BGH
The Working Time Draft Bill – Nine to five for all?
Quo Vadis, Severance Pay Boom? A Sea Change in the Making?
Unlimited Vacation! – Expiration and Prescription of Claims to Vacation Only if Employees are Properly Informed
Whistleblower Protection on the Home Stretch
The Big Bang for Recording Working Time – The Grounds of the Decision
Matrix, The Next Act – The Federal Labor Court Rules on the Right to Issue Functional Instructions
The Clock is Ticking – The Federal Labor Court and the Duty to Record Working Time
Internal Investigations and Two-week Notice Period – Noteworthy Comments by the Federal Labor Court regarding a „Never-ending“ Dilemma
A paper tiger is getting teeth! – The new Documentation Act is coming
There’s no place like home? – The “home office duty” is ending soon
Testing the Easy Way? – Be Wary of “Online Citizen Tests“ for “3G“ at Work!
The Matrix in Works Council Elections – BAG Ruling on the Treatment of Matrix Employees
Corona Update – Expansion and Extension of the Corona Occupational Health and Safety Regulation
Modern Times – The Works Council Modernization Act is coming
Short-time Work Update – Liability risks if short-time work is not validly introduced by a works agreement
Bad advice can be expensive – Employer liability for giving incorrect advice to employees
Copy & Waste? – Federal Labor Court decides on judicial enforcement of the right to a copy of data under Art. 15 GDPR
Short-time Work vs. Vacation: “0:0”? – Accruing Claims to Vacation While on Short-time Work
Short-time Work Update – Extension of Supportive Legislation for Short-Time Work
The Coronavirus Liability Trap – An Overview of Employer Liability Risks if Employees Become Infected at Work
Short-time Work Update – “System-relevant” Side Jobs While on Short Work
Corona Reporting and Data Protection – DSK Guidelines and Prevention Duties to Protect Employee Health
Employment and Corona – Short-Time Work et al. – An Overview
The new GDPR catalogue of fines – It’s getting serious!
Timekeeping according to the ECJ – Trust, but Verify
Business and Trade Secrets 4.0 – The Business and Trade Secrets Act (GeschGehG) and the “Digital Safe” – Businesses Need to Act Now!
Registration Duties within Europe – the A1-Certificate of Coverage for Secondments and Business Trips
Top Secret? Initial Contours of the Right of Access under Art. 15 GDPR
No fun in the sun! – The duty of employers in vacation law to take the initiative and to instruct employees
Dirty Deals? – Separation Agreements with Works Council Members
Habemus Coalitionem? – The Coalition Agreement and Employment Law
The Federal Labor Court on Jurisdiction of the Conciliation Board in Occupational Health and Safety Matters
Contractor Compliance Update – BAG and BSG Rulings on Free Lancers as Regular Employees and on Illegal Employee Leasing
Update on the Reform of the Temporary Employment Act 2017: The Federal Employment Agency has published material instructions!
Employee Leasing and Work Contracts in 2017 – The Federal Labor Court Shows Practitioners “How it is done”!
In the Spotlight: External Personnel in the Era of the New Temporary Employment
Reform of the Workplaces Ordinance
Exclusionary Periods in Standard Contract Clauses – a Legal Nursing Case
The Parachute is (still) Holding – Latent Employee Leasing with “Reserved Permission”
Exclusion Clauses in Light of the New Section 309 No. 13 German Civil Code
The new EU General Data Protection Regulation and its impact on the protection of employee data
The merely supposedly safe harbor – employment law consequences of the latest ECJ ruling on “Safe Harbor”
Again: Federal Labor Court Tightens Rules for Performance-Related Payments
Repayment Excluded? New Judgments on Employer Loans in the Case of Termination
Vacation Escapes? How case law is redefining the claim to vacation time
Light in the “Compliance Jungle”? The BAG Heightens the Contours of the Lawfulness of Internal Investigations
Occupational Safety and Co-determination – To be Sure
Recent Legal Developments concerning Employer Letters of Reference
The new Minimum Wage Act – More than meets the eye!
Federal Labor Court Provides “Timeline” for Hearings Preceding Termination for Suspected Wrongdoing
Developments in Vacation Law – ECJ and BAG with further “misappropriations” of vacation claims
When the end does not justify the means – Inadmissibility of evidence procured through unreasonable investigative methods
“Temporary” leased employees – still no clarifying decision by the Federal Labor Court
Composite Special Payments – The End of Effective Date Clauses?
A New Variation on an Old Theme – Paid Annual Leave During Leave of Absence after Termination
Practical Ramifications of German Case Law on Termination for Suspected Wrongdoing
Who Am I – and, If so, How Many? Temporary Employees and Thresholds of Employment Law
Limitations on Social Plan Benefits for Employees Close to Retirement – Landmark Decision of the European Court of Justice
When Does a Reprimand “Expire”? A Federal Labor Court Ruling on the Shelf-Life of a Reprimand in the Personnel File
Clarity, Finally? Limitations on the Carry-Over of Paid Annual Leave in the Event of Illness – the Federal Labor Court Follows the European Court of Justice
Consecutive Fixed-Terms of Employment and Abuse of Law – News on Fixed-Term Employment Contracts
The Employee’s “Right to Lie”? – The Federal Labor Court on Employer Questions about Existing Severe Disabilities
News about Bonuses and the Interaction of Employment Contracts and Collective Sources of Law
Limitation of the Carry-Over of Annual Leave in the Event of Illness – Clarifying decision from the ECJ!
Temporary Employees May Tip the Scales -Thresholds of Labor and Employment Law
Update on Limitations of Claims for Minimum Paid Annual Leave Brought by Employees Suffering from Long-Term Illnesses
(No) Final Whistle for Whistleblowers!? – The ECHR on Freedom of Speech in the Workplace
Limitation of Carry-Over of Paid Annual Leave in the Event of Illness? Clarifying Decision of the ECJ in Sight
Never Say “Never Again” – Judgment of the Federal Labor Court on the Possibility of a Repeated Limitation of Contracts for no Material Reason
(Equal) Pay Day for Temporary Employees? – Order of the Federal Labor Court on the Collective Bargaining Capacity of the CGZP
“Are Vacation Benefits that Increase with Age Unlawful Discrimination?” – Recent Case Law by the Regional Labor Court of Appeal Düsseldorf
Overtime all-inclusive? – Decisions by the Federal Labor Court on Blanket Compensation for Overtime
New EU Directives for the Regulation of Bonus Payments in the Banking Industry
Plurality in Unity – Change in the Case Law of the Federal Labour Court regarding the Principle of One Shop, One Collective Bargaining Agreement
Anti-Terror Lists of the EC: Data Protection and Co-Determination Problems
Risks of “Split Pension Formulas” – New Case Law of the Federal Labor Court
The New § 32 Federal Data Protection Act – More Than Just Clarification of Existing Law?
A Trap for Employers: The Post-Contractual Effect of Voluntary Works Agreements
European Work Hour Directive: Consequences for Vacation Benefits of Employees on Long-Term Sick Leave New Decision by the European Court of Justice
Discretionary Payment Clauses
Social Security Consequences of Irrevocable Leave of Absence -Recent Decision of the Federal Social Court (BSG)
Co-determination of “Codes of Conduct”