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  • Article

    Terminating The Managing Director Of A German GmbH – How To Do It Legally Sound

    The termination of the appointment is achieved by a shareholders' resolution revoking the appointment of the managing director.
    GermanyEmployment and HR
    Orrick
    Orrick
  • Article

    Bei Weiterleitung Dienstlicher E-Mails Ist Vorsicht Geboten

    Die Weiterleitung betrieblicher E-Mails durch Arbeitnehmer auf deren private Accounts sollte stets wohl überlegt sein. Dies zeigt abermals eine Entscheidung des Landesarbeitsgerichts ...
    GermanyEmployment and HR
    SKW Schwarz
    SKW Schwarz
Article

The Acquirer Concept – An Option For Acquisitions Out Of Insolvency

The acquisition of assets or business operations out of insolvency proceedings presents distinct legal challenges under German law, particularly regarding the automatic transfer of employment relationships. The "acquirer concept" (Erwerberkonzept) offers a legally reliable solution that enables workforce restructuring while avoiding prohibited terminations based solely on the transfer of operations.
GermanyInsolvency/Bankruptcy/Re-Structuring
Mayer Brown
Mayer Brown
  • Article

    Passion Is Short, Repentance Long – How To Avoid Legal Pitfalls When Appointing A Data Protection Officer

    Most companies in some way or another process personal data. Companies who reach specific thresholds are obliged to appoint a Data Protection Officer.
    GermanyEmployment and HR
    Orrick
    Orrick
  • Article

    Fristlose Kündigung Ohne Jeden Grund – Mit Etwas Glück Doch Wirksam

    In dem zugrunde liegenden Rechtsstreit ging es um die außerordentliche fristlose Kündigung eines Chefarztes.
    GermanyEmployment and HR
    Wolff Schultze Kieferle
    Wolff Schultze Kieferle
  • Article

    German Employee's Dismissal At U.S. Regulator's Behest Ruled Invalid

    On July 13, 2016, the Frankfurt Higher Labor Court held the dismissal of an employee in response to demands by the New York State Department of Financial Services (NYDFS) was invalid.
    GermanyEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Personnel Reductions Despite Short-time Working – A Follow-up

    The requirements and objectives of short-time work and redundancies for operational reasons are divergent.
    GermanyEmployment and HR
    Lutz Abel
    Lutz Abel
  • Article

    Claim To Thanks And Good Wishes In Job References

    The State Labor Court (LAG) Mecklenburg-Vorpommern strengthens employee rights in the issuing of job references
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Imprisonment During Employment: When May Employers Terminate?

    Can an employer terminate an employee who must serve a multi-year prison sentence? The Stuttgart Labor Court recently examined this complex question, considering factors such as prospects for early release and day-release work arrangements. This decision provides crucial guidance on employer obligations and the significant employment consequences of lengthy incarceration.
    GermanyEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Anrechnung Von Böswillig Unterlassenem Anderweitigen Verdienst – Ein Update

    Streitigkeiten um Annahmeverzugslohnansprüche bleiben weiterhin im Fokus der arbeitsgerichtlichen Rechtsprechung.
    GermanyEmployment and HR
    KLIEMT.Arbeitsrecht
    KLIEMT.Arbeitsrecht
  • Article

    Brexit And The Fate Of German Dismissal Protection

    Frankfurt first, A legislative move to attract UK banks to relocate top talent to Germany's financial hub
    GermanyEmployment and HR
    Rimôn Falkenfort
    Rimôn Falkenfort
  • Article

    Dismissal For Refusing To Wear A Mask Can Be Legal: A Ruling From Germany

    Few people like wearing face masks, but some people dislike them so much that they refuse to wear one altogether.
    GermanyEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    Dismissal Of The Data Protection Officer From Office On Grounds Of His Position As A Works Council Member

    The ECJ ruled today on various questions referred by the German Federal Labour Court [Bundesarbeitsgericht, BAG] concerning company data protection officers.
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Article

    Masks On Or Off For The Weekend – Is It A Private Decision In Germany?

    Employers generally have no control over their employees' compliance with health measures outside of work. Does this hold true during the ongoing pandemic?
    GermanyEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    Travel Time: Are German Employers Required To Pay The Full Cost?

    Many employers are familiar with this scenario: Employees (often sales representatives) drive from their homes to customer appointments, and the question arises whether the employees are entitled to be paid for this travel time.
    GermanyEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    Notification Of Mass Dismissals And Date Of Notice Of Dismissal

    The required notification of mass dismissals may also be effectively filed if the employer has already decided to terminate the employment at the time the notification is received by the Employment Agency.
    GermanyEmployment and HR
    SKW Schwarz
    SKW Schwarz
  • Article

    Internal Investigations In Germany Part 1: What To Consider Upfront

    What do employers in Germany need to keep in mind when planning and organising an internal investigation?
    GermanyEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    Dismissal For Operational Reasons, Social Selection, And Age Groups

    According to the German Protection Against Dismissal Act, a dismissal is considered "socially justified", and therefore legally binding, if it is contingent on "pressing operational requirements that are opposed to a continued employment of the employee in the firm".
    GermanyEmployment and HR
    Jones Day
    Jones Day
  • Article

    Increased Protection Against Dismissal In Small Businesses

    The protection of employees against dismissal, once restricted to those employed by large organizations, will soon be extended to those employed by small businesses, as a result of a judgment recently passed by the German Federal Labor Court.
    GermanyEmployment and HR
    Jones Day
    Jones Day
  • Article

    Practical Tips On Who Can Terminate An Employee In Germany

    Termination not only needs a reason; it also has to meet formal requirements in order to be effective. With larger employers or those with international structures, a question often arises as to who is entitled to dismiss an employee.
    GermanyEmployment and HR
    Ius Laboris
    Ius Laboris
  • Showing 41–60 of 88 results

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