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  • Article

    German Skilled Worker Immigration Act (Fachkräfteeinwandungsgesetz)

    In IT and communications, the Bundesagentur für Arbeit may in future grant approval irrespective of the qualification as a skilled worker.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Support Measures And State Aid By The Federal Government And The German States

    In coordination with the EU Commission, the federal government has launched numerous support measures and state aid in the form of grants, loans...
    GermanyCoronavirus (COVID-19)
    HEUKING
    HEUKING
  • Article

    Circular Of The Federal Ministry For Economic Affairs ¬ On Urgent Awards

    Yesterday the Federal Ministry of Economics and Energy sent out a circular on awards in the hopefully short corona crisis.
    GermanyGovernment, Public Sector
    HEUKING
    HEUKING
  • Article

    European Commission Publishes Guidance On Public Procurement Law

    On April 1, 2020, the European Commission published a "Guidance on using the public procurement framework in the emergency situation related to the COVID-19 crisis".
    GermanyGovernment, Public Sector
    HEUKING
    HEUKING
  • Article

    "Limited" Permanent Employment Relationship

    In its decision, the German Federal Labor Court (BAG) recently distinguished between temporary and "limited" permanent employment contracts.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Corona And Transport Law

    In connection with the coronavirus, prices for transport services have increased, in some cases very considerably, such as when a reduction in freight space necessitates rebooking and rescheduling.
    GermanyCorporate/Commercial Law
    HEUKING
    HEUKING
  • Article

    Legal Implications Of The Coronavirus At A Glance

    The COVID-19 virus (commonly known as the "coronavirus") is affecting companies' commercial activities around the world, with particular impact on supply chains and employment and insurance law.
    GermanyInsurance
    HEUKING
    HEUKING
  • Article

    Also A Task For Corporate Compliance: Violations Of Curfews And Quarantine Are Punishable

    The COVID-19 pandemic brings to light penal and fine regulations that have hitherto led a shadowy existence. In particular, quarantine requirements and curfews and the punishability of violations thereof are currently under discussion.
    GermanyCoronavirus (COVID-19)
    HEUKING
    HEUKING
  • Article

    Facebook May Be Required To Seek And Erase Illegal Content Worldwide

    The Court of Justice of the European Union (ECJ) has ruled, upon submission by the Austrian Supreme Court (Oberster Gerichtshof, OGH)
    European UnionMedia, Telecoms, IT, Entertainment
    HEUKING
    HEUKING
  • 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

    Presumption Of Urgency Of Section 12 (2) UWG (Presumably) Not Applicable To Proceedings Under The GeschGehG

    In its decision of 8 August 2019 (Ref.: 29 W 940/19), the Munich Higher Regional Court commented for the first time on the German Act on the Protection of Business Secrets (GeschGehG).
    GermanyLitigation, Mediation & Arbitration
    HEUKING
    HEUKING
  • Article

    Is The State Liable For Loss Of Revenue Resulting From Measures Taken Against Covid-19?

    The coronavirus is not only harmful to health but also to our finances, leading to considerable financial losses for many companies and employees
    GermanyCoronavirus (COVID-19)
    HEUKING
    HEUKING
  • Article

    Caution Required For Employers: No Expiry Of Unreduced Vacation Entitlements During Parental Leave

    The employer may reduce the vacation entitlement of a worker on parental leave by one twelfth for each full calendar month.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Employee's Right Of Information And Disclosure Of Their Recorded Personal Information

    State Labor Court (Landesarbeitsgericht; LAG) Baden-Württemberg dated December 20, 2018 - 17 Sa 11/18
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Extraordinary Termination - Libel And Slander Via WhatsApp

    If an employee spreads a rumor via WhatsApp that a colleague has been convicted of rape, this may justify dismissal without notice.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • 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

    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

    Transfer To An In-House "Job Service And Placement" Unit May Be Subject To Prior Approval

    The transfer of an employee after the loss of job to the care of an in-house "Job Service and Placement" unit constitutes a transfer requiring consent within the meaning of Sec. 99 para. 1 BetrVG
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    State Support For Businesses

    In recent weeks, the corona-related effects on the economy have led to hectic activities by the EU Commission.
    GermanyCoronavirus (COVID-19)
    HEUKING
    HEUKING
  • Article

    Coronavirus (COVID-19): Contingency Plans At Credit And Financial Services Institutions Under Scrutiny

    While the coronavirus continues to spread, the German Federal Financial Supervisory Authority ("BaFin") also published a document on the Minimum Requirements for Risk Management ("MaRisk")
    GermanyCoronavirus (COVID-19)
    HEUKING
    HEUKING

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