In an effort to fight the effects of the COVID-19 epidemic the Federal Ministry of Labour and Social Affairs (BMAS) is working on a bill to relax restrictions on working time in Germany. Specifically, longer working hours, shorter rest periods and the employment of workers on Sundays and public holidays for certain activities will temporarily
Cornelia Marquardt (DE)
COVID-19: Erleichterungen bei Kurzarbeit
Um Arbeitsplätze zu schützen und die infolge der Corona-Krise von einem Arbeitsausfall betroffenen Unternehmen zu unterstützen, hat die deutsche Regierung Erleichterungen bei der Kurzarbeit beschlossen. Rückwirkend zum 1. März 2020 können Betriebe bei der Agentur für Arbeit Kurzarbeit beantragen, wenn ein Zehntel (statt bisher 1/3) ihrer Beschäftigten von einem Arbeitsausfall wegen der Epidemie betroffen ist.…
Germany: An Employer’s duties dealing with COVID-19 (Coronavirus) – Q&A
COVID-19 is spreading across the world and companies everywhere are faced with its challenges. In circumstances where a COVID-19 case impacts your German workplace we recommend close coordination with the public health authority on how to proceed. In doing so – especially against a possible liability for illness or even death – it will show…
Skilled Worker Immigration Act
On 1 March 2020, the Skilled Worker Immigration Act will come into force. The law completely opens up the German labour market to skilled workers from countries outside the European Union. In addition to the measures set out in our blog the German legislator has included further measures including an accelerated administrative procedure and more…
Crowd workers do not qualify as employees
As the end of the year approaches, the German courts have published a decision providing employers with further clarity on the issue of crowd working.
What is crowd working?
Crowd working is a highly flexible form of working. According to the Federal Ministry of Labour and Social Affairs (BMAS), around 4.8 percent of the German…
Update on electronic medical certificates
Medical certificates may not be ordered online
A recent decision of the Hamburg Regional Court (LG Hamburg 3.9.2019 – 406 HK O 56/19) has ruled that issuing medical certificates of incapacity by remote diagnosis is a violation of medical diligence. This means that employees will not be able to apply online for a medical certificate…
Enforcement and bargaining power of trade unions
Trade unions should shape working life in a meaningful way through collective agreements ensuring good working relations. In order to be eligible for collective bargaining, they must have a minimum bargaining unit vis-à-vis the workplace, says the German Federal Constitutional Court.
In Germany, the labour courts decide whether associations are eligible for collective bargaining and…
New EU rules for protection of whistleblowers
On 7 October 2019, the EU Council formally adopted the new Whistleblowing Directive that will guarantee whistleblowers EU-wide standards of protection. The Directive obliges both public and private organisations and authorities to set up secure reporting channels, so that whistleblowers can report violations of EU law as safely as possible. Member States have two years…
Facilitating HR Management: Electronic medical certificates
As part of the “Third Bureaucracy Relief Act” the German government intends to introduce an electronic submission procedure for medical certificates regarding the incapacity of employees. More than 80 million of such certificates are issued every year by doctors in Germany. Replacing extensive documentation and record-keeping duties will allow medium-sized companies in particular to reduce…
Control or trust: Legal claim to home office?
Digitization and technological advances are accelerating the flexibility of working conditions leading to a changed understanding of leadership. A key topic of debate is the “home office” which is currently used by approximately 12 per cent of employees in Germany for all or part of their working time. On this topic, the German government is…