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  • Article

    No Forbearance Claim For European Works Councils Under The EBRG

    A European Works Council (EWC) cannot prevent an operational measure by an employer, in this case a business closure, by way of a forbearance order.
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Article

    Back To The Future- "Analogization" Of The Deadline Calendar

    This article addresses the German Federal Labour Court's (Bundesarbeitsgericht (BAG)) July 3, 2019 decision (file no. 8 AZN 233/19) that determined "lawyers ...
    GermanyEmployment and HR
    Arnold & Porter
    Arnold & Porter
  • Article

    ECHR Strengthens Rights Of Whistleblowers

    The European Court for Human Rights (ECHR) ruled by judgement dated 21 July 2011 (docket no. 28274/08) that employees who publicly disclose deficiencies within the enterprise of their employer cannot be terminated without notice.
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Article

    German Federal Labor Court Approves Strikebreaker Premium

    The German Federal Labor Court (Bundesarbeitsgericht) ("BAG") held, on August 14, 2018, that it is permissible for an employer to promise employees a premium if they refuse to participate in a strike.
    GermanyEmployment and HR
    Jones Day
    Jones Day
  • Podcast

    Legal Tech In Employment Law (Podcast)

    What are the biggest misconceptions lawyers have about legal tech? What key trends are we seeing right now? Martin Kammandel, legal tech engineer at Kliemt.HR, breaks down these questions...
    GermanyEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    Qualified Differentiation Clauses In Collective Bargaining Agreements Are Invalid

    The Federal Labour Court ruled by judgement dated 23 March 2011 (docket no. 4 AZR 366/09) that qualified differentiation clauses in collective agreements in the form of so-called "adjustment clauses" (Spannklausel) are invalid.
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Article

    Term Limitations In Competitive Sports: Are All German Professional Sports Contracts Invalid?

    The Labour Court Mainz is currently creating quite a stir in German professional sports.
    GermanyEmployment and HR
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Employers May Not Access Works Council Data

    According to a decision of the Regional Labour Court of Düsseldorf dated 7 March 2012 (docket no. 4 TaBV 11/12), an employer may not arbitrarily access data stored on the works council's drive of the EDP system.
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Article

    Insult To The instructor On Facebook

    The Higher Labor Court of Hamm decided in its judgment of 10 October 2012 that a trainee was effectively dismissed without notice for good cause since he called his instructor a "slave driver and exploiter".
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Article

    More Guidelines On Data Privacy Compliant Use And Monitoring Of Internet And Emails In The Workplace In Germany

    Recently, the Berlin-Brandenburg Regional Labor Court ruled on the rights of an employer to check browsing history without the employee's consent.
    GermanyPrivacy
    Orrick
    Orrick
  • Article

    New Law Promoting Mediation And Other Extrajudicial Conflict-Resolution Proceedings

    At the present time, labour law jurisdiction already strives even more than other jurisdictions to resolve disputes by trying to procure a settlement between the parties.
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Article

    German Labor Court Allows Review Of Employee's Browsing History

    European courts continue to clarify the right of employers to review their employees' emails.
    European UnionEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Kein Verfall von Ansprüchen auf Mindestlohn bei tarifvertraglicher Ausschlussfrist

    Die Geltendmachung des Anspruchs auf Entgeltfortzahlung im Krankheitsfall gemäß § 3 Abs.
    GermanyEmployment and HR
    SKW Schwarz
    SKW Schwarz
  • Article

    The Time To Review Your Standard Employment Contracts Is Now!

    A recent ruling of the Federal Labor Court will invalidate thousands of forfeiture clauses in employment contracts in Germany.
    GermanyEmployment and HR
    Orrick
    Orrick
  • Article

    Court Holds Payment And Amount Of Discretionary Bonuses Are Subject To Judicial Review

    On August 3, 2016, Germany's Federal Labor Court ruled that while the payment of employee bonuses and their amounts are at the discretion of the employer, they are subject to full judicial review.
    GermanyEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Scheinselbstständigkeit aufgedeckt – was nun?

    Der beklagte IT-Berater war auf vermeintlich selbstständiger Basis, ohne feste Stundenvorgabe, von 2001-2009 für das klagende Unternehmen tätig, zuletzt zu einem ...
    GermanyEmployment and HR
    SKW Schwarz
    SKW Schwarz
  • Article

    The Relationship Between The Claim To Employment Of Severely Disabled People And The Freedom To Organize A Company's Business

    If the workplace of a severely disabled person is no longer available, the claim to employment under Section 81(4) SGB IX Social Code old version (now Section 164(4) SGB IX) will not come into effect.
    GermanyEmployment and HR
    SKW Schwarz
    SKW Schwarz
  • Article

    “AGG Hoppers,” Take Note!

    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.
    GermanyEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Money Ball: Corporate Investigations Can Pay Off – If You Know How. German Federal Labor Court Decides On Cost Reimbursement For A Corporate Investigation

    An employer can demand compensation from the employee concerned for the costs of compliance activities.
    GermanyEmployment and HR
    BUSE Rechtsanwälte Steuerberater
    BUSE Rechtsanwälte Steuerberater
  • Article

    The End Of Registered Letterbox Delivery In Germany? No Prima Facie Evidence Of Actual Receipt

    The Hamburg Higher Labor Court and Federal Labor Court have fundamentally altered the legal landscape for serving employment-related notices in Germany, ruling that registered letterbox delivery no longer constitutes a legally secure method of service. This decision arose from a case examining whether an employer properly fulfilled its obligation to conduct company integration management before terminating an employee for illness-related reasons, with the court finding that the digitized delivery process la
    GermanyEmployment and HR
    Littler Mendelson
    Littler Mendelson

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