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  • Article

    Warning Under Industrial Constitution Law – No Entry In The Personnel File

    Half days of leave granted by the employer may be claimed again by the employee due to inadmissible fulfillment of the vacation entitlement.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Coronavirus And Insurance Cover

    The 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.
    GermanyInsurance
    HEUKING
    HEUKING
  • Article

    Claim To Thanks And Good Wishes In Job References

    The State Labor Court (LAG) Mecklenburg-Vorpommern strengthens employee rights in the issuing of job references
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Unfounded 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 HR
    HEUKING
    HEUKING
  • Article

    Federal 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.
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    Employers Are Not Obligated To Notify Employees Of Expiring Vacation Entitlements During Long-Term Illnesses

    In 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 HR
    HEUKING
    HEUKING
  • Article

    Joint Controllers – Supervisory Authorities Publish First Sample Agreement

    The 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
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    Works Council's Right To Information In Relation To Sensitive Personal Employee Data

    In 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
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    Update Data Protection No. 147 - The European Court Of Justice Specifies The Scope Of The Right Of Access

    In 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 UnionPrivacy
    HEUKING
    HEUKING
  • Article

    COVID-19 And Its Impact On Criminal Procedure And Criminal Law

    Criminal 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
    HEUKING
  • Article

    Joint Controllership In The Integration Of Third-Party Website Plug-Ins - Concluding Opinion Of The Advocate General To The ECJ On The "Facebook Like" Button

    The 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).
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    Leave Reduction During Parental Leave Period Not In Breach Of European Law

    The 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 HR
    HEUKING
    HEUKING
  • Article

    The Works Council Has No Entitlement To The Provision Of Personnel Turnover Statistics

    The appeal before the LAG Schleswig-Holstein was equally unsuccessful.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Employment: Trends & Developments

    The 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 HR
    HEUKING
    HEUKING
  • Article

    Federal Labor Court On Previous Employment: 8 Years And 9 Months Interval Is Not Sufficient

    According 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 HR
    HEUKING
    HEUKING
  • Article

    The 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...
    GermanyImmigration
    HEUKING
    HEUKING
  • Article

    Trust-Based Working Time Does Neither Preclude Payment For A Time Credit Nor The General Entitlement To Overtime Pay

    Working times recorded on signed time recording sheets are considered approved and – for the time being – undisputed.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    New 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, Entertainment
    HEUKING
    HEUKING
  • Article

    Effects Of A No-Deal Brexit For UK Employees In Germany

    After 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 Sector
    HEUKING
    HEUKING
  • Article

    "Right To Be Forgotten" - Search Engine Operators Must Comply With Requests To Delete Links To Personal Data

    The 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,
    GermanyPrivacy
    HEUKING
    HEUKING

Showing 61–80 of 129 results

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