Orrick - Employment Law and Litigation (JD Supra Germany)
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Germany to Boost Works Council Rights Amid the Pandemic
The Federal Cabinet has introduced a draft bill to make it easier for employees to establish and elect works councils and to facilitate the works councils’ work in an increasingly digitalized work environment, the “Betriebsrätemodernisierungsgesetz“.
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Germany: New Right to Work From Home During the Pandemic
On 19 January 2021, the German Chancellor and Federal Prime Ministers passed a new resolution on further measures to combat the Corona pandemic. The Federal Ministry of Labor and Social Affairs implemented this resolution in a new ordinance, the Corona-ArbSchV, which will enter into force on Wednesday, January 27, 2021 and will initially apply for a limited period until March 15, 2021.
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Mobile Working in Germany – New Draft Bill Currently Under Discussion
The legal framework for regular work in the mobile office is currently still lacking in Germany—the Federal Ministry of Labor and Social Affairs wants to close this gap. The German government coalition parties have always expressed their intention to support mobile work in Germany. It seems that these endeavours are picking up pace slowly but surely.
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Crowdworkers Can Be Employees in Germany!
The German Federal Labor Court decided in an eagerly awaited ruling that crowdworkers or microtaskers can be classified as employees under German employment law. The decision will likely have significant impacts for the so-called gig economy. Although the ruling will not render the business model entirely impossible, platform operators will have to review and possibly reconsider their processes.
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COVID-19 Germany: The New Corona-Warn-App – What Employers Need to Know
A few days ago, the much-anticipated official Corona-Warn-App, commissioned by the German government, went live – and has since been downloaded over 10 million times. The goal is to convince as many people as possible to use the track-and-trace-app to curb the spread of COVID-19. While extensive use of the app can be a benefit for employers who are looking at re-opening and return to work...
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COVID-19 Germany: Can You Terminate Employment During Short-Time Work?
The COVID-19 crisis led to drastic changes in employment. Although measures have been taken by the German legislator and the government to secure jobs, staff cuts appear inevitable for many companies as the crisis progresses. The following blogpost explains how short-time work and layoffs relate to each other and what companies must do to effectively terminate employment.
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COVID-19 Germany: Working From Home and Employer Reimbursement of Remote-Work Expenses
Due to the pandemic-related increase in remote work, questions come up who will end up bearing additional costs – such as increased electricity costs and expenses for cell phone and internet plan. There is also a need for clarification regarding occupational health and safety when working remotely.
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COVID-19 Germany: German Government to Approve New Benefit Packages for Employers
The German government has agreed on additional benefit packages worth billions. Companies that recently implemented short-time work and their employees are to profit from this.
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COVID-19 Germany: How to Handle Short-Time Work Amid the Crisis – A Q&A for Employers
In the wake of COVID-19, many companies in Germany implemented short-time work (Kurzarbeit) in order to safeguard jobs and save on personnel. In our previous blog, we outlined the application process and provided an overview of the updated short-time work regulations introduced by the German government in the light of the coronavirus crisis.
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German Government Gives Guidance on COVID Safety Protocol for Employers
Employee health and safety are top of mind when it comes to work in times of the pandemic – and when starting to take steps to return to a new normal where business continues even as outbreaks may flare up. When the lockdowns have ended, employers must be ready with health & safety protocols limiting contracting COVID-19 in the workplace. The German government now recommends a new occupational...
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COVID-19 Update: Germany to Give Working Parents State-Funded Compensation Claim During Closure of Childcare and Schools
For working parents who are unable to fulfil their working duties due to the closure of kindergarten, day care centre and/or school as a result of the pandemic, the German parliament has passed a new law in a fast-track procedure.
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COVID-19 Update: Germany to Give Easier Access to State-Funded Short-Time Working Allowance
On March 13, 2020 the German parliament passed the “law on the crisis-related temporary improvement of the regulations for short-time work allowance” (Gesetz zur befristeten krisenbedingten Verbesserung der Regelungen für das Kurzarbeitergeld) in a fast-track procedure which gives companies easier access to state-funded short- time work allowance (Kurzarbeitergeld) amid the coronavirus outbreak.
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The Coronavirus in the International Workplace – How Do Multinational Employers React Appropriately?
This overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment and labor laws of Germany, France, Italy, UK and Japan.
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Do German Works Councils Have a Say on Company Twitter Accounts?
The German Federal Labor Court (Bundesarbeitsgericht – BAG) will rule on February 25, 2020 whether an employer must observe co-determination rights of the works council when using a Twitter account.
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Crowdworkers Are Not Employees Under German Employment Law
In one of its latest rulings, the Regional Labor Court of Munich concluded that crowdworkers or microtaskers are not employees under German employment law. However, the Court has allowed an appeal to the Federal Labor Court.
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The Many Pitfalls of Fixed-Term Employment in Germany – Or: How Long is “Very Long”?
In Germany, fixed-term employment is strictly regulated: As a rule, fixed-term requires objective grounds that justify the limited term.
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Terminating the Managing Director of a German GmbH – How to Do it Legally Sound
The status of a managing director (Geschäftsführer) of a German limited liability company (GmbH) is determined (i) by the appointment as managing director and, thus, the corporate office as a legal representative of the company and (ii) by the underlying service agreement.
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Coming Soon: New Entitlement To Temporary Reduction In Working Time In Germany – The 10 Most Important Questions
On January 1, 2019, new employee entitlements to a temporary reduction in working time will come into force in Germany. We answer the 10 most important questions employers have.
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To-Do’s for Employers in Germany: No More Automatic Forfeiture of Vacation Entitlements
Introduction - The German Federal Vacation Act (Bundesurlaubsgesetz) provides that vacation has to be approved and taken in the current calendar year. The employee is meant to actually take the vacation and enjoy a rest.
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Frankfurt’s Brexit Pitch – Banks in Germany Will Soon be Able to Fire Top Bankers More Easily
Undoubtedly driven by an interest in drawing UK-based banks to Frankfurt and becoming an EU hub for US banks post-Brexit, the German government recently picked up a proposal to relax dismissal protection for high-earning bankers. So it may very well soon be easier for banks in Frankfurt to part with their top employees.
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Right of Co-determination of the German Works Council on Stock Options of U.S. Parent?
The German Federal Labor Court (judgment of March 20, 2018 – 1 ABR 15/17) has recently clarified a matter of considerable practical relevance for U.S. companies offering stock options to employees of their Germany-based subsidiaries: Does the German subsidiary’s works council have a right to be involved when it comes to offering stock options?
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Germany – The Time to Review Your Standard Employment Contracts is Now!
A recent ruling of the Federal Labor Court will invalidate thousands of forfeiture clauses in employment contracts in Germany. Companies need to review and revise their standard employment contracts now and explore options to amend existing contracts to exclude potential liabilities.
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#MeToo in Germany – Internal Investigation in Sexual Assault Cases
Due to increased awareness and reporting triggered by the international #metoo discussion, besides taking preventive measures, it is crucial for companies with employees in Germany to know what internal actions to take in the event an employee reports an incident of sexual harassment at the workplace.
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The Impact of the Third Gender for Employers in Germany
Germany’s Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) has ruled that there must be the option of registering a gender that is neither male nor female on birth certificates. The introduction of a third gender will raise questions for employers too, in particular with regard to gender discrimination.
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No Dismissal Protection for Managing Directors in Germany
In practice, managing directors (Geschäftsführer) frequently try to attack the validity of a dismissal and bring unfair dismissal claims. In a recent decision, the Federal Labor Court (Bundesarbeitsgericht) has again rejected such claims.
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Employment Law in Germany – Practical Bilingual English-Chinese Guidelines for Chinese Businesses and Investors
Every Chinese investor not only needs to be aware of cultural differences when considering investing in Germany, but also has to have a basic understanding of legal issues. German employment law provides for a good level of employee protection, for example in case of termination of employment. Being familiar with some basic principles of German employment law can help Chinese investors avoid...
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Germany’s Federal Constitutional Court Revises Case Law on Fixed-Term Contracts
Germany’s Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) has overturned the controversial case law of the Federal Labour Court (Bundesarbeitsgericht – BAG) on fixed-term contracts.
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#MeToo in Germany – Employer’s Obligations to Act
(No) Issue in Germany? - The ongoing #metoo discussion certainly has arrived in Germany. However, so far, sexual harassment and misconduct haven’t been a major topic of investigation or revelation in Germany.
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Voluntary Leaver Programs in the Context of Restructurings in Germany
Implementation of major restructurings in a time- and cost-effective manner involves a variety of challenges, not only under German employment law. If used correctly and structured in a creative and tailored way, voluntary leaver programs can constitute an attractive and effective tool for staff reductions.
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Frankfurt’s Brexit Pitch – Loosened Dismissal Protection for High-Earning Bankers in Germany on the Horizon?
After months of exhausting, on-off negotiations with changing negotiation partners at the table, Angela Merkel’s center-right Christian Democratic Union (CDU/CSU) and the center-left Social Democratic Party (SPD) agreed on a new coalition agreement for a third grand coalition – usually referred to as “GroKo” in Germany.