Daniela Loy

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Enforcing employee restraints of trade after termination of employment – an update

The legal framework for post-contractual non-compete covenants is unchanged since our last post on the topic in 2013. It is nevertheless worth mentioning the following interesting court decisions which deal with the enforceability of employee restraints and the employer’s obligation to pay compensation: Pursuant to the statutory provisions in sec. 74 et. seq. German Commercial … Continue reading

Employees’ right to holiday in Germany

Employees’ rights to holiday are governed by the Federal Holiday with Pay Act (Bundesurlaubsgesetz) in Germany. Pursuant to this Act, employees who work six days per week are entitled to an annual minimum paid vacation of 24 working days. Employees with a five-day working week are entitled to a pro-rata vacation of 20 working days. … Continue reading

What about non-compete compensation payments in case of the employer’s insolvency?

In reference to a previous post, entitled “Limits on non-compete and non-solicitation clauses under German law” by Bettina Goletz, we have been asked about non-compete compensation payments in case of the employer’s insolvency. This post will address whether the employee is entitled to compensation payments under a post-contractual non-compete clause in the situation where the … Continue reading

Introduction of a statutory quota for women’s representation: Are the days of the “boy’s network” numbered?

Despite all attempts of the previous German government to increase the quota of women in senior positions, e.g. directorships or members of supervisory boards, the percentage remains consistently low. For this reason, the new government has undertaken in the coalition agreement to introduce a gender quota of at least 30 percent for supervisory boards of … Continue reading

Childcare obligations – what are an employer’s obligations and an employee’s rights?

German law generally requires employers to take care of their employees’ needs. This obligation may become crucial in situations in which employees with children are affected. This article illustrates the most important childcare related rights of employees and the corresponding obligations employers can be faced with.  Protection of pregnant employees The German Maternity Protection Act … Continue reading