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  • Article

    Old Age Pension Bill Adopted By Cabinet

    The Old Age Pension Bill adopted by the cabinet on December 3 moves from the present system of taxing pensions by restricting relief on the contributions to one of full relief now and full charge later.
    GermanyStrategy
    PricewaterhouseCoopers
    PricewaterhouseCoopers
  • Article

    Business Year 2012 – Cost Block Company Retirement Pension

    For many enterprises the new business year 2012 already begins on 1 October, whilst those enterprises for which the business year commences as of 1 January are often still frequently occupied with budget planning.
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
Article

Increase Of Pension Age To 67 In Germany

An individual can claim the standard old-age pension when reaching the minimum pension age provided that he or she has completed the five-year general qualifying period.
GermanyEmployment and HR
Jones Day
Jones Day
  • Article

    German Labor And Employment News

    Third Quarter 2013
    GermanyEmployment and HR
    Jones Day
    Jones Day
  • Article

    Company Retirement Pension After Pre-Retirement Part-Time Employment

    In a decision of the BAG dated 7 April 2012 (docket no. 3 AZR 280/10), the BAG addressed the question of the calculation of a company pension in case of reduced working hours in the run-up to retirement ("pre-retirement part-time employment", ["Altersteilzeit"]).
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Article

    Exclusion Of Social Plan Settlements In Cases Where A Pension Is Drawn On Grounds Of Reduced Earning Capacity (BAG Dated 7 June 2011 - 1 AZR 34/10)

    By judgment dated 7 June 2011 (docket no.: 1 AZR 34/10) the BAG decided that it is possible to validly agree in a social plan that employees shall not receive a settlement if they are not employed because they draw on a temporary full pension on grounds of reduced earning capacity and where one can expect their inability to work to continue in the unforeseeable future.
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Article

    Germany Adopts EU's Pension Directive, And May Place Burdens On Employers' Use Of Temporary Workers

    On December 18, 2015, the German legislature approved a law that adopted the pension provisions of the EU Mobility Directive.
    GermanyEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    New Case Law On Company Pension Adjustments

    Most types of German company pensions are required to be adjusted for the effects of inflation from time to time.
    GermanyEmployment and HR
    Jones Day
    Jones Day
  • Article

    Beschäftigung Von Arbeitnehmern Nach Erreichen Des Renteneintrittsalters

    Das Bundesarbeitsgericht (BAG) hat am 11. Februar 2015 - 7 AZR 17/13 entschieden, dass die Befristung des Arbeitsverhältnisses nach Erreichen des Renteneintrittsalters nicht ohne weiteres sachlich gerechtfertigt ist.
    GermanyEmployment and HR
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Germany: Proposals To Expand Occupational Pension Participation

    Germany unveils its proposals to help more workers save for retirement by boosting pension plan coverage and allowing greater flexibility in company-provided plans.
    GermanyEmployment and HR
    WTW
    WTW
  • Article

    Reversal Of An (Allegedly) Freelance Relationship

    BAG [Bundesarbeitsgericht – German Federal Labor Court] of June 26, 2019 - 5 AZR 178/18
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Age Limits Permissible In Shop Agreements

    The Federal Labour Court has recently affirmed the permissibility of age limits in shop agreements, pursuant to which the employment relationship ends with the expiry of the calendar month in which the employer reaches the statutory retirement age.
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Article

    Survivors' Benefits - Minimum Duration Of Marriage

    A clause in a preworded pension commitment stipulating a minimum of ten years of marriage as per the date of death as a prerequisite for the disbursement of survivors' benefits violates German general terms and conditions...
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Pension Provisions - Ministry Decree On Excessive Promises

    The finance ministry has issued a decree on the calculation of the 75% of salary limit indicating a possibly excessive promise reflecting future salary rises.
    GermanyStrategy
    PricewaterhouseCoopers
    PricewaterhouseCoopers
  • Article

    AI As A Driver Of Business Transformations And Restructurings

    AI is already transforming the way we do business, and offers huge potential for companies to restructure and move towards a radically different cost-base. Here, we ask what changes are likely, and what the role of HR will be.
    GlobalEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    Vesting Periods For Pensions —The Promise of a Promise is… a Promise

    Even if an employer quits his job in Germany before being entitled to a full pension, he may not necessarily be left with empty hands.
    GermanyStrategy
    Jones Day
    Jones Day
  • Article

    On Your Mark! Get Set! Vacation! FAQs On German Vacation Law (Part 3)

    In the midst of the vacation season, many employers in Germany are prompted to address old and new questions surrounding the issue of vacation. This Insight series "On your mark! Get set! Vacation!"...
    GermanyEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    No Vacation In The Passive Phase In Partial Retirement

    This would be desirable in view of the fact that it would significantly simplify the handling of cancelation agreements with consensual phases of release from work.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Zum Begriff Des Aushandels Bei Allgemeinen Geschäftsbedingungen

    Eine AGB-Kontrolle gem. §§ 305 ff. BGB ist infolge eines „Aushandelns" dann nicht durchzuführen, wenn der konkrete Inhalt einer Klausel zwischen den Parteien verhandelt worden ist.
    GermanyEmployment and HR
    SKW Schwarz
    SKW Schwarz
  • Article

    Germany’s Pension Reform 2026: What The Commission's Recommendations Mean For HR And Restructuring Practice

    Germany's Pension Commission has proposed sweeping reforms that would fundamentally reshape retirement planning, workforce transitions, and employment structures. From dynamic retirement ages linked to life expectancy to the potential elimination of the senior part-time block model and minijobs, these recommendations carry profound implications for employers navigating restructuring, social plans, and pension commitments.
    GermanyEmployment and HR
    A&O Shearman
    A&O Shearman
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