ArticleWarning Under Industrial Constitution Law – No Entry In The Personnel FileHalf days of leave granted by the employer may be claimed again by the employee due to inadmissible fulfillment of the vacation entitlement. GermanyEmployment and HRHEUKING
ArticleCoronavirus And Insurance CoverThe coronavirus is currently causing a lot of uproar. Many companies are reviewing their risks in case of infection or are trying to mitigate damage caused by canceled events and trade shows.GermanyInsuranceHEUKING
ArticleClaim To Thanks And Good Wishes In Job ReferencesThe State Labor Court (LAG) Mecklenburg-Vorpommern strengthens employee rights in the issuing of job referencesGermanyEmployment and HRHEUKING
ArticleUnfounded Fixed Term ("Previous Employment")The unfounded limitation of the term of an employment contract, when an employee is employed again by the same employer, is only permissible when and if the application GermanyEmployment and HRHEUKING
ArticleFederal High Court: Non-necessary Cookies Require Consent; Preselected Checkboxes Are Not Sufficient.On 28 May 2020 the Federal High Court (Bundesgerichtshof ("BGH") handed down its judgment in the Planet49 case after a long legal dispute.GermanyPrivacyHEUKING
ArticleEmployers Are Not Obligated To Notify Employees Of Expiring Vacation Entitlements During Long-Term IllnessesIn its July 24, 2019 judgment (Case: 5 Sa 676/19), Hamm State Labor Court issued a ruling as to whether employers are obligated to also notify employees...GermanyEmployment and HRHEUKING
ArticleJoint Controllers – Supervisory Authorities Publish First Sample AgreementThe topic of "joint controllers" according to Art. 26 GDPR continues to gain momentum. The State Commissioner for Data Protection and Freedom of Information in Baden-Württemberg GermanyPrivacyHEUKING
ArticleWorks Council's Right To Information In Relation To Sensitive Personal Employee DataIn its decision of 9 April 2019 (ref. no.: 1 ABR 51/17), the German Federal Labor Court (BAG) took position on the right of the works council to request information from the employer according to GermanyPrivacyHEUKING
ArticleUpdate Data Protection No. 147 - The European Court Of Justice Specifies The Scope Of The Right Of AccessIn its judgment of 4 May 2023 (Case C-487/21), the European Court of Justice ("ECJ") specified the scope of the right to obtain a "copy" of personal data in the context of the right of access.European UnionPrivacyHEUKING
ArticleCOVID-19 And Its Impact On Criminal Procedure And Criminal LawCriminal justice and public prosecution offices are also impacted by the protective measures taken nationwide to prevent the spread of the COVID-19 pandemic.GermanyCoronavirus (COVID-19)HEUKING
ArticleJoint Controllership In The Integration Of Third-Party Website Plug-Ins - Concluding Opinion Of The Advocate General To The ECJ On The "Facebook Like" ButtonThe Court of Justice of the European Union (ECJ) must currently clarify whether and how website operators can legally integrate the so-called "Like" button of Facebook on their website (Case C-40/17). GermanyPrivacyHEUKING
ArticleLeave Reduction During Parental Leave Period Not In Breach Of European LawThe statutory leave entitlement according to Sec. 1, 3 Federal Leave Act (BUrlG) also exists for the period of parental leave, but may be reduced by the employer pursuant to Sec. European UnionEmployment and HRHEUKING
ArticleThe Works Council Has No Entitlement To The Provision Of Personnel Turnover StatisticsThe appeal before the LAG Schleswig-Holstein was equally unsuccessful.GermanyEmployment and HRHEUKING
ArticleEmployment: Trends & DevelopmentsThe labour and employment sector has once again seen many changes – both in terms of the initiatives of the legislator as well as changes in the way the sector works.GermanyEmployment and HRHEUKING
ArticleFederal Labor Court On Previous Employment: 8 Years And 9 Months Interval Is Not SufficientAccording to Section 14(2) sentence 2 German Part-Time and Fixed-Term Employment Act, the limitation of the term of an employment contract not based on objective grounds ...GermanyEmployment and HRHEUKING
ArticleThe New German Skilled Worker Immigration Act (Fachkräfteeinwandungsgesetz; FEG)In order to make Germany more appealing to skilled international workers and meet the increasing demand for skilled workers by way of labor-based migration, the German Parliament (Bundestag) adopted...GermanyImmigrationHEUKING
ArticleTrust-Based Working Time Does Neither Preclude Payment For A Time Credit Nor The General Entitlement To Overtime PayWorking times recorded on signed time recording sheets are considered approved and – for the time being – undisputed.GermanyEmployment and HRHEUKING
ArticleNew OLG Judgment: Is Private Email Use Subject To Telecommunications Secrecy?In a recently published judgment by the Higher Regional Court of Thuringia dated 14 September 2021 (case no. 7 U 521/21), it ruled that employees' email communications are subject to telecommunications secrecy if the employer permits the use of telecommunications for private purposes.GermanyMedia, Telecoms, IT, EntertainmentHEUKING
ArticleEffects Of A No-Deal Brexit For UK Employees In GermanyAfter Brexit has already been postponed several times, the next deadline will now expire on October 31, 2019. With the new Prime Minister at the helm, it is becoming more likely every day ...European UnionGovernment, Public SectorHEUKING
Article"Right To Be Forgotten" - Search Engine Operators Must Comply With Requests To Delete Links To Personal DataThe use of the Internet without the use of search engines, which list links to Internet pages after keywords have been entered, is almost unthinkable. In the context of the search results,GermanyPrivacyHEUKING