Legal Tech In Employment Law (Podcast)

In our article Update on AGG Hopping, we provided an overview of the existing case law on “AGG hopping,” which is the practice of filing fake job applications for the sole purpose of rejection in order to file a discrimination under the General Act on Equal Treatment (“AGG”). In its judgment of May 7, 2026 (2 Ca 6536/25), the Düsseldorf Labor Court has now taken a firm stance against a “classic AGG hopper,” expressly departing from the established case law of the German Federal Labor Court.

Germany's Coalition Committee has proposed extending fixed-term employment contracts without objective justification from 24 to 48 months, with up to six extensions permitted. The reform introduces the concept of "renewed initial hiring" and raises critical questions about prior-employment prohibitions, transitional provisions for existing contracts, and the temporal scope of application.

Bei einer Entsendung bleibt der Arbeitnehmer organisatorisch beim entsendenden Unternehmen eingegliedert, erhält fachliche Weisungen vom Heimatarbeitgeber und erbringt eine „Aktivleistung”

Germany's proposed employment law reform would allow employers to terminate high earners earning above EUR 177,450 annually in exchange for court-determined severance, even after losing unfair dismissal litigation.

In our article on the German Federal Labor Court’s press release of 25 March 2026 (5 AZR 108/25), we discussed why blanket garden leave clauses may be unenforceable. The Court’s published reasoning now provides further guidance on drafting garden leave clauses, placing employees on garden leave in individual cases, and revoking company car benefits during the notice period.

Germany's coalition government has proposed sweeping reforms to employment law that could fundamentally reshape fixed-term contracts, dismissal protection, co-determination rights, and sick leave reporting. The measures aim to strengthen Germany's competitiveness amid technological change, demographic pressure, and international competition, offering employers significantly expanded flexibility while tightening certain compliance requirements.

Many companies regard the German Works Constitution Act (Betriebsverfassungsgesetz – BetrVG) as outdated and overly restrictive. This applies in particular to international groups that are unfamiliar with German co-determination structures or whose domestic rules differ fundamentally from the German legal framework.

German employers face complex legal constraints when screening employee data or conducting workplace searches. This briefing explains how to lawfully navigate GDPR, telecommunications secrecy, and works council requirements while maintaining defensible evidence for internal investigations.

Germany's regular works council elections have concluded, bringing new members into established bodies. Understanding the fundamental aspects of works council operations—from release from work duties and training requirements to remuneration rules and the transition of former members—is essential for employers seeking to establish effective cooperation and avoid legal pitfalls.

Germany's AGG hopping practice involves individuals submitting fake job applications solely to provoke discriminatory rejections and claim compensation under the General Act on Equal Treatment. Courts have established high thresholds for proving abuse of rights, while employers face significant liability risks despite recent case law developments and pending legislative amendments that may further complicate the landscape.

Spain has released its draft Royal Decree to transpose the EU Pay Transparency Directive, introducing new obligations for employers including employee pay information requests, enhanced pay gap reporting thresholds, and strengthened job evaluation requirements. While the draft goes beyond certain Directive requirements and under-implements others, employers should begin preparations immediately as the legislation could take effect with minimal notice following publication in the Official Gazette.

Employers planning workforce reductions in Australia and New Zealand face distinct legal frameworks that require careful navigation. While both jurisdictions mandate genuine business reasons and employee consultation, critical differences in timing, process requirements, and redeployment obligations can significantly impact restructuring outcomes. Understanding these nuances is essential for organizations managing cross-border redundancy programs to minimize legal risk and operational disruption.

When workplace investigations arise, the choice of investigator can determine whether the process builds trust or creates further complications. Understanding the essential qualities that make an investigator effective—from independence and legal expertise to empathy and credibility—is crucial for employers navigating sensitive workplace matters.

This regional report examines recent labour law changes across the Americas, highlighting key developments in workforce planning, employment status classification, and regulatory reforms. From Argentina's new hiring incentives to working time reductions in Brazil and Mexico, discover how these legislative shifts are reshaping employment practices and compliance requirements throughout the region.

Explore key employment law updates shaping the business landscape across the APAC region, including labour reforms, AI regulation, expanded employee protections, and significant court decisions that are transforming workplace practices throughout Asia-Pacific.

India has notified the Central Rules under all four Labour Codes, bringing the country's historic labour law reform closer to implementation. While state-level rules are still being finalised, employers must prepare for new compliance requirements spanning wages, social security, industrial relations, and occupational health and safety.

The International Court of Justice has issued a landmark advisory opinion confirming that the right to strike is protected under ILO Convention No. 87, a treaty Australia ratified in 1973. While this opinion doesn't immediately change Australian domestic law, it creates a significant new reference point that unions may leverage in litigation, enterprise bargaining, and industrial relations reform discussions. Australian employers face potential challenges to existing Fair Work Act restrictions on protected

As artificial intelligence reshapes work in the UK and beyond, employers must rethink the gender pay gap as an issue of access to opportunity, not just pay. This analysis explores how unequal access to AI tools, training and career development may widen existing inequalities, and what organisations should do to prevent an emerging 'AI opportunity gap'.

As US state legislatures conclude their 2026 sessions, artificial intelligence regulation has transitioned from an emerging policy area to a mainstream compliance obligation. This comprehensive analysis examines the patchwork of enacted AI legislation across consumer transparency, healthcare, and employment sectors, revealing what businesses operating across state lines must prioritize in the second half of the year.

International crises demand rapid, values-driven decision-making from employers managing cross-border workforces. Drawing on expert insights from crisis management, geopolitical risk, security operations and communications professionals, this guidance explores how organisations can strengthen their preparedness through strategic planning, clear governance structures and effective stakeholder engagement when facing geopolitical conflicts, civil unrest or security incidents.