Topic: Germany

Necessary contents of employment contracts – change in law as of August 1, 2022

The “Act on Proof of the Existence of an Employment Relationship” (Nachweisgesetz – NachwG) requires employers to set out the essential contractual terms of the employment in writing to their employees. The German legislature has now passed an amendment to the Nachweisgesetz, which comes into force on August 1, 2022, and has the effect of … Continue reading

Global Employment Law – Work from Anywhere: Leadership Challenges – Transforming Workplace -#17

By Jason Noakes on June 28, 2022 Posted in Australia, Canada, China, Colombia, France, General, Germany, Hong Kong, Italy, Luxembourg, Middle East, Poland, Russia, Singapore, South Africa, Thailand, The Netherlands, UK, United States, Venezuela

This is the 17th paper in our Transforming Workplace series. In our earlier article, we explored why employees’ expectations of their leaders have changed and why organisations need to upgrade leaders’ skills and behaviours. In this paper we now examine ow organisations can upskill their leaders to meet the specific leadership challenges arising from ‘work … Continue reading

Global Employment Law – Work from Anywhere: The end of the office? – Transforming Workplace – #16

This is the 16th paper in our Transforming Workplace series. In our previous paper, we discussed how to make ‘work from anywhere’ work better. In this paper we now examine whether the day of the office, as we know it, has ended Work from Anywhere: The end of the office? – Transforming Workplace – #16 This … Continue reading

Global Employment Law- Work From Anywhere: Make it work better – Transforming Workplace -#15

This is the 15th paper in our Transforming Workplace series. In this paper we examine how ‘work from anywhere’ can be made to work better. Work From Anywhere: Make it work better -Transforming Workplace – #15 This article is part of our Transforming Workplace series. Other articles exploring the opportunities, challenges and risk of the transforming … Continue reading

Germany: Stricter COVID-19-rules expired

By Frank Weberndörfer and Claudia Posluschny on May 26, 2022 Posted in Coronavirus, Europe, General, Germany

The German government has announced that, in light of falling infection rates, the “SARS-CoV-2 Occupational Health and Safety Ordinance” will not be extended (press release dated May 24, 2022; see also our blog dated November 24, 2021).… Continue reading

Employee data compliance: Data minimization and deletion obligation

By Frank Weberndörfer and Claudia Posluschny on May 10, 2022 Posted in Data privacy and GDPR, Europe, General, Germany

To avoid fines, the lawful processing of employee data must respect the principle regarding data retention. Employers are obliged to erase data that is no longer required, in particular regarding the publication of employee profiles or data processed in connection with COVID-19. A recent decision (Neuruppin Labor Court, December 14, 2021 – ref. 2 Ca … Continue reading

Global Employment Law – The Decline (and Fall?) of the Five-Day Workweek – Transforming Workplace -#14

By Jason Noakes on April 19, 2022 Posted in Australia, Canada, China, Colombia, France, General, Germany, Hong Kong, Italy, Luxembourg, Middle East, Poland, Russia, Singapore, South Africa, Thailand, The Netherlands, UK, United States, Venezuela

In our previous article in the Transforming Workplace series we outlined the benefits of short-term “work from anywhere”. In this article, we focus on the advantages of introducing flexible hours and days. The Decline (and Fall?) of the Five-Day Workweek This article is part of our Transforming Workplace series. Other articles exploring the opportunities, … Continue reading

Global Employment Law: Work From Anywhere: Short Term – Transforming Workplace -#13

In our previous articles in the Transforming Workplace series we examined the challenges of “work from anywhere”. In this article, we consider the best options for introducing “work from anywhere” on a short-term basis in your organisation. Work from Anywhere: Short-Term This article is part of our Transforming Workplace series. Other articles exploring the opportunities, … Continue reading

Global Employment Law: Work From Anywhere: Benefits & Challenges – Transforming Workplace -#12

In our previous article in the Transforming Workplace series we examined the hybrid model of work. In this article we discuss the benefits and challenges of “work from anywhere”, including on a hybrid work mode. Work From Anywhere: Benefits & Challenges This article is part of our Transforming Workplace series. Other articles exploring the opportunities, … Continue reading

Global Employment Law: Work from anywhere: Hybrid model – Transforming Workplace -#11

Our previous articles in the Transforming Workplace series discussed some of the important issues relating to the worldwide trend of working from anywhere. In this article we examine the hybrid workplace, where employees combine some level of “work from anywhere” with some time attending their worksite. Work from anywhere: Hybrid model This article is part … Continue reading

Global Employment Law: Work from anywhere: Does it suit everyone?- Transforming Workplace – #10

We considered the growth in the number of employees ‘working from anywhere’ in our previous articles in the Transforming Workplace series. In this article we focus on suitability – does “work from anywhere” suit all jobs, all countries, and all employees? Work from anywhere: Does it suit everyone? This article is part of our Transforming … Continue reading

Global Employment Law: Work from anywhere: Does location matter? – Transforming Workplace – #9

Our previous article in our Transforming Workplace series noted that “work from home” becomes “work from anywhere” when employees home to a more remote location further away from their pre-pandemic worksite. This article looks at some of the issues the change in location can have ifworkers “work from anywhere”. Work from anywhere: Does location matter? … Continue reading

Global Employment Law : Work from home becomes work from anywhere – Transforming Workplace -#8

This article in our Transforming Workplace series is the first in a series examining employees “working from anywhere” – an important issue facing organisations worldwide. Work from home becomes work from anywhere This article is part of our Transforming Workplace series. Other articles exploring the opportunities, challenges and risk of the transforming workplace can be … Continue reading

Global Employment Law: Leadership Reimagined -Transforming Workplace – #7

In the previous article in our series “Transforming Workplace” we considered the challenges to the employer’s organisational culture that will result from changed employee expectations and from modernising your Employee Value Proposition. In this article we look at how these enhancements to your organisational culture will challenge the capability and style of your leadership team. … Continue reading

Global Employment Law: How the Gig Economy is reshaping labour markets

On 24 March 2022, Maartje Govaert, Global Head of Employment and Labour, joined the panel for the JP Morgan virtual Global ESG Conference, discussing “How the Gig Economy is reshaping labour markets: Exploring ESG Risks and Opportunities”. Below is a summary of some of the points raised by Maartje in the discussion. What is the … Continue reading

Global Employment Law: Organisational Culture Reimagined – Transforming Workplace #6

In the series of Transforming Workplace articles we have explored some significant changes to the external and internal environments in which an organisation operates. In this article we look at how modernising your Employee Value Proposition will present challenges to your organisational culture. Organisational Culture Reimagined This article is part of our Transforming Workplace series. … Continue reading

Global Employment Law: Update and Modernise Your Employee Value Proposition Transforming Workplace #5

Asking your employees what they want and need (see our previous Transforming Workplace paper) is a vital part of updating your organisation’s Employee Value Proposition (EVP). In this article we explain more about your EVP. Update and Modernise Your Employee Value Proposition. This article is part of our Transforming Workplace series. Other articles exploring the … Continue reading

Global Employment Law: What do your employees want and need? Transforming Workplace #4

By Jason Noakes and Jeff Landmann on March 30, 2022 Posted in Asia Pacific, Australia, Canada, China, Colombia, Contracts, Europe, France, General, Germany, Hong Kong, Italy, Latin America, Luxembourg, Middle East, North America, Poland, Russia, Singapore, South Africa, Thailand, The Netherlands, UK, United States, Venezuela

During the pandemic, employees rethought their relationship with work. Employees now seek roles that offer competitive remuneration with other benefits including flexibility, health, well-being and work-life balance. Read more on this in our next article in the Transforming Workplace series. What do your employees want and need? This article is part of our Transforming Workplace … Continue reading

Global Employment Law: The “Great Enlightenment”: Why and how employees have rethought their relationship with work. Transforming Workplace #3

By Jason Noakes and Jeff Landmann on March 28, 2022 Posted in Asia Pacific, Australia, Canada, China, Colombia, Contracts, Europe, France, General, Germany, Hong Kong, Italy, Latin America, Luxembourg, Middle East, North America, Poland, Russia, Singapore, South Africa, Thailand, The Netherlands, UK, United States, Venezuela

In the next in the Transforming Workplace global series we examine why and owe employees have rethought their relationship with work. The “Great Enlightenment”: Why and how employees have rethought their relationship with work This article is part of our Transforming Workplace series. Other articles exploring the opportunities, challenges and risk of the transforming workplace … Continue reading

Global Employment Law – “Intent to Resign”: The Real Risk Transforming Workplace #2

By Jason Noakes and Jeff Landmann on March 28, 2022 Posted in Asia Pacific, Australia, Canada, China, Colombia, Europe, France, General, Germany, Hong Kong, Italy, Latin America, Luxembourg, Middle East, North America, Poland, Singapore, South Africa, Thailand, The Netherlands, UK, United States, Venezuela

In the next in the Transforming Workplace global series we examine the looming “Intent to Resign” challenge facing businesses worldwide “Intent to Resign”: The Real Risk This article is part of our Transforming Workplace series. Other articles exploring the opportunities, challenges and risk of the transforming workplace can be found here.… Continue reading

Global Employment Law: The “Great Resignation”: A Global Risk? Transforming Workplace – #1

By Jason Noakes and Jeff Landmann on March 28, 2022 Posted in Asia Pacific, Australia, Canada, China, Europe, France, General, Germany, Hong Kong, Italy, Latin America, Luxembourg, Middle East, North America, Poland, Singapore, South Africa, The Netherlands, UK, United States

With the global change in the way we work seen as a key element of the new “business as usual”, our Transforming Workplace global series examines the global perspectives of the opportunities, challenges and risks of this new transforming workplace. In the first in this series we examine the concept of the “Great Resignation”. The … Continue reading

What to expect in employment law in Germany in 2022

By Frank Weberndörfer and Claudia Posluschny on January 31, 2022 Posted in Contracts, Coronavirus, Data privacy and GDPR, Europe, General, Germany, Whistleblowing

Legal innovations Amended regulations apply to this year’s works council elections taking place from March 1 to May 31, 2022. Pursuant to Section 24 (2) of the Election Regulations of October 8, 2021 (BGBl. I 4640/2021), HR departments are required to provide, in addition to the typical employee data used to draw up the electoral … Continue reading

Stricter rules on compensation for data protection violations?

By Frank Weberndörfer and Claudia Posluschny on December 16, 2021 Posted in Contracts, Data privacy and GDPR, Europe, Germany

The correct handling of personal data requires special care by employers. The German Federal Labour Court (BAG, 26.08.2021 – 8 AZR 253/20 (A)) has referred essential questions to the European Court of Justice (ECJ) for clarification. The BAG’s decision, which, if confirmed by the ECJ, could now tighten the standard of due diligence and increase … Continue reading

Short-time work: Proportionate vacation reduction permissible

By Frank Weberndörfer and Claudia Posluschny on December 7, 2021 Posted in Contracts, Europe, Germany

A recent decision by the German Federal Labour Court (BAG, 30.11.2021 – 9 AZR 225/11) will have significance for employers who have made use of short-time work. Individual working days which are lost due to short-time work, have to be taken into account when calculating annual leave. As a result, employees might have to adjust … Continue reading