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  • Article

    Unbillige Weisung Des Arbeitgebers Wegen Unzumutbarer Pendelzeit

    Eine Weisung des Arbeitgebers, nach Rücknahme einer Kündigung sich am nächsten Tag um 07:00 Uhr früh an einem 170 km entfernten Ort zur Arbeitsaufnahme einzufinden, kann unwirksam, da unzumutbar, sein.
    GermanyEmployment and HR
    SKW Schwarz
    SKW Schwarz
  • Article

    Federal Labor Court: Notice Of Dismissal In Mass Dismissal Proceedings

    While the complaint was dismissed in the first instance, the plaintiff's appeal was successful.
    GermanyEmployment and HR
    HEUKING
    HEUKING
Article

Dismissal For Health Reasons - Pitfalls Surrounding The Works Council Hearing

The dismissal of an employee for health reasons requires careful preparation and the observance of specific formalities if, in the case of an action against unlawful dismissal, the employer wants to prevail in court
GermanyEmployment and HR
Jones Day
Jones Day
  • Article

    Employers In Germany May Now Be Able To Check Browsing History Of Work Computers

    In certain circumstances an employer is entitled to analyse the browsing history of the work computer used by the employee without a need for the employee's consent.
    GermanyEmployment and HR
    Orrick
    Orrick
  • Article

    Workforce Reduction After Corona Short-time Work: Liability Risks And Strategy Advice From Germany

    The simplified rules for (state-subsidised) short-time work have provided temporary economic relief for many companies, enabling them to better weather the Covid-19 crisis.
    GermanyEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    Termination Email From The United States To Germany – Valid After All?

    The German Federal Labor Court has issued a significant ruling that may ease the administrative burden on international employers terminating employees in Germany. In cross-border situations, the court held that strict written-form requirements under German law may not always apply, potentially allowing termination by email or telephone under certain circumstances. This decision creates new flexibility for U.S. employers and others operating across borders, though careful legal analysis remains essential.
    GlobalEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Anwendung des AGG auf den GmbH-Geschäftsführer

    Der Fremdgeschäftsführer einer GmbH ist bei europarechtskonformer Auslegung jedenfalls insoweit als Arbeitnehmer im Sinne von § 6 Abs. 1 S. 1 Nr. 1 AGG anzusehen, wie bei einer Kündigung...
    GermanyEmployment and HR
    SKW Schwarz
    SKW Schwarz
  • Article

    Application Of The General Equal Treatment Act To The GMBH Managing Director

    If interpreted in conformity with European law, the external managing director of a GmbH is to be considered an employee within the meaning of Section 6(1) sentence 1 no. 1 German General Equal Treatment Act...
    GermanyEmployment and HR
    SKW Schwarz
    SKW Schwarz
  • Article

    FOR ACTION: New Information Requirements – Many Employment Contracts Need To Be Adapted

    Ab 1. August 2022 wird die EU-Richtlinie 2019/1152 über transparente und vorhersehbare Arbeitsbedingungen in der Europäischen Union (Arbeitsbedingungenrichtlinie)...
    GermanyEmployment and HR
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Separating From High Earners: Why The Planned Reform In Germany Could Reduce Severance Payments

    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.
    GermanyEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Coalition Package July 2026: What The Planned Reforms Mean For Your Company

    Germany's coalition government has proposed sweeping reforms to employment law that would fundamentally alter fixed-term contracts, dismissal protections, employee co-determination, and sick leave requirements. The package aims to strengthen Germany's competitive position amid technological change and demographic pressures, offering employers expanded flexibility while maintaining worker protections. These initiatives signal the most significant restructuring of German labor law in years, with implications
    GermanyEmployment and HR
    PwC Legal Germany
    PwC Legal Germany
  • Article

    Pressing Criminal Charges For Employee Conduct: Pros And Cons For Employers In Germany

    Where an employee is dismissed on suspicion of criminal conduct, what are the pros and cons of also reporting your suspicions to the law enforcement authorities? This article provides an assessment
    GermanyEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    Staff Reductions - Termination Due To Operational Reasons Despite Short-time Work?

    For many companies, staff cuts are unavoidable during the Corona crisis, when short-time work and government protective shielding measures are no longer sufficient.
    GermanyEmployment and HR
    Lutz Abel
    Lutz Abel
  • Article

    Last-minute Protection Against Dismissal? New German Labor Court Decision On Abuse Of Rights In The Context Of Family Care Leave

    A German labor court has ruled that an employee's announcement of family care leave immediately following a separation meeting constituted an abuse of rights, denying special dismissal protection. The decision establishes that when multiple indicators suggest an employee's primary intent is avoiding termination rather than providing genuine care, employers may successfully challenge the protection typically afforded under Germany's Family Care Leave Act.
    GermanyEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Warnings And Dismissals For Employees On Gardening Leave: Practical Tips From Germany

    What happens if an employee has been terminated and is on gardening leave when another reason for terminating his or her employment comes to light? This article provides practical tips for employers.
    GermanyEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    German Employment Law In Transition: Coalition Committee Agrees On Noteworthy Reforms

    The German Coalition Committee has proposed sweeping employment law reforms that could fundamentally alter how companies manage their workforce, from introducing new termination options for high earners to expanding fixed-term employment flexibility. These changes, part of a comprehensive "Program for Growth and Employment," would impact everything from dismissal procedures and severance payments to sick leave documentation and working time regulations. Employers should closely monitor these developments as
    GermanyEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Mistakes In Works Council Consultation Prior To Termination: Serious Consequences, But Avoidable

    Employers in Germany must navigate complex employment law requirements when terminating employees, but even meticulous legal preparation can be undermined by improper works council consultation. A single misstep in the consultation process renders the termination invalid, making it essential for employers to understand and avoid common pitfalls in works council engagement.
    GermanyEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Protection From Dismissal Under The German Maternity Protection Act: Confusion Continues

    Two and a half years since the introduction of the Maternity Protection Act, employers and legal practitioners still face unresolved issues.
    GermanyEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    Koalitionspaket Juli 2026: Was die geplanten Reformen für Ihr Unternehmen bedeuten

    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.
    GermanyEmployment and HR
    PwC Legal Germany
    PwC Legal Germany
  • Article

    Protection Against Dismissal For E-Sports Players?

    Professional e-sports players are usually employees - but what protection do they have? Do forms of ordinary and extraordinary dismissals also exist in e-sports? What rules apply here?
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Showing 61–80 of 88 results

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