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  • Article

    Current Changes In Employment And Social Security Law - A Selection

    The new year is just around the corner. We would like to take this opportunity to point out selected new statutory amendments in labor and social law which took effect recently or will become effective in the 1st quarter of 2020.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    German Federal Labor Court: Orientation Internship Of Up To Three Months Without Minimum Wage May Be Completed During Different Periods

    The plaintiff and the defendant, who operates a horse-riding facility, agreed on a three-month internship for career orientation (professional horse farmer; Pferdewirt).
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    No Deviation From The Equal Pay Principle With Only Partial Reference To A Collective Agreement On Temporary Employment

    Employers leasing out temporary agency workers to a third party may only deviate from the principle of equality (equal pay) by virtue of an agreement in the employment contract ...
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Rejection Of The Brexit Withdrawal Agreement: What Do Companies Have To Consider Now?

    The Brexit Withdrawal Agreement negotiated between the European Union and the United Kingdom envisaged that during the United Kingdom's transitional period data protection legislation
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    The Permissibility Of GPS Tracking From A Compliance Perspective

    Strict data protection requirements apply to the use of location tracking systems both in the employment context and in cooperation with other companies.
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    Directive On Transparent And Predictable Working Conditions In The European Union

    On 16 April 2019, the European Parliament adopted a new Directive aimed at ensuring transparent and reliable working conditions for employees in the area of crowdworking.
    European UnionEmployment and HR
    HEUKING
    HEUKING
  • Article

    Effects Of The Coronavirus On The Right Of Residence

    The COVID-19 virus has a worldwide impact on travel activities, affecting foreigners such as employees of companies intending to travel to Germany as well as those who are already in Germany but are now effectively unable to leave.
    GermanyCoronavirus (COVID-19)
    HEUKING
    HEUKING
  • Article

    Anti-Corruption 2019 Second Edition

    To fight cross-border corruption effectively, Germany supports the implementation of and compliance with international standards against corruption through active participation in the United Nations
    GermanyCriminal Law
    HEUKING
    HEUKING
  • Article

    No General Prohibition Of Deterioration For Retirement Benefits In Cases Of Transfer Of Businesses

    There is no general prohibition of deterioration that applies to retirement benefits in the case of one or several transfers of businesses pursuant to Section 613a German Civil Code.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    No Right Of Withdrawal After Entering Into A Termination Agreement

    A termination agreement under labor law cannot be withdrawn pursuant to consumer protection regulations (Sec. 312(1) in combination with Sec. 312g, Sec. 355 German Civil Code
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Recording Of Working Hours: Emden Labor Court Sees Employer's Duty

    In the sensational decision of 14 May 2019 (Case C-55/18), the ECJ ruled that the Member States must oblige employers to introduce an "objective, reliable and accessible system enabling the duration of time worked each day by each worker to be measured".
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    First Fines Issued By Supervisory Authorities For Infringements Against The GDPR

    The General Data Protection Regulation (GDPR) provides for a significant increase of the maximum possible fine for legal infringements compared to previous data protection legislation.
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    European Court Of Justice (ECJ): Member States Must Require Employers To Systematically Record Working Hours

    Spanish working time law only requires that employers systematically measure their employees' working hours in case of overtime.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Insolvency Law Rank Of A Severance Payment Claim Pursuant To Sec. 9, 10 German Protection Against Dismissal Act (KSchG)

    A severance payment awarded by dissolution proceedings may either be an insolvency claim or insolvency asset liability. The time the dissolution petition was made is decisive.
    GermanyInsolvency/Bankruptcy/Re-Structuring
    HEUKING
    HEUKING
  • Article

    Trade And Business Secrets Law Enacted

    It is here. The German Trade and Business Secrets Law (Geschäftsgeheimnisgesetz; GeschGehG) came into effect on April 26, 2019. Companies wishing to ensure protection
    GermanyIntellectual Property
    HEUKING
    HEUKING
  • Article

    Facebook - Bundeskartellamt [German Federal Cartel Office] Prohibits The Processing Of User Data From Third Party Sources

    In its decision from February 7, 2019, the Bundeskartellamt prohibited Facebook from the further processing of user data which it has generated from so-called third party sources.
    GermanyMedia, Telecoms, IT, Entertainment
    HEUKING
    HEUKING
  • Article

    Enhanced Vacation Entitlement On Grounds Of Age Violates The Prohibition Of Discrimination Of The German General Act On Equal Treatment (AGG)

    An enhanced vacation entitlement on grounds of age where employees who have not yet reached the age of 50 are granted at least three days less
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Social Insurance Obligation For Minority Shareholder-Managing Directors Of A GmbH (German Limited Liability Company)

    BSG (Bundessozialgericht - German Federal Social Court) dated September 19, 2019 – B 12 R 25 / 18 R
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Search Of A Company Computer By The Employer - Prohibition Of Exploitation For Court Submissions?

    The German Federal Labor Court (BAG) ruled by judgment of January 31, 2019 (ref. no. 2 AZR 426/18) that, under certain circumstances, the employer may lawfully review data on an employee's
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    Corona On The Construction Site

    The coronavirus has arrived in Germany. This is the central statement of the press conference held by Chancellor Angela Merkel on March 12, 2020.
    GermanyReal Estate and Construction
    HEUKING
    HEUKING

Showing 21–40 of 129 results

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