Topic: Germany

Is it possible for employers to change the terms of employment contracts?

At first sight, the answer to this question would be: only by mutual agreement. But once you take a closer look there are many ways and situations that make it possible for an employer to unilaterally change the contractual terms. Collective bargaining agreements (CBAs) are binding for members of those employers’ associations (firms) and labour … Continue reading

What protection do employees have against race discrimination in Germany?

By Wiebke Mattern on February 29, 2016 Posted in Discrimination and harassment, Europe, Germany

Due to the large number of refugees now living in Germany, protection against race discrimination has recently become an issue of greater importance. Under the German Anti-Discrimination-Act, which is derived from European directives, all employees in Germany, including apprentices and job applicants, are legally protected against discrimination on grounds of race or ethnic origin. In … Continue reading

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

By Daniela Loy on January 29, 2016 Posted in Contracts, Europe, General, Germany

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

(Night-)Time is Money

By Jannis Breitschwerdt on January 19, 2016 Posted in Europe, Germany

Even though, unarguably, few employees would give up a good night’s sleep in order to work night shifts, operational necessity often dictates otherwise. Certain businesses can only remain competitive and survive in the market if they require their employees to work during night-time. Parcel services, bakeries and hospitals are just a few examples of businesses … Continue reading

What are the employment implications of the transfer of a business in Germany?

By Philipp Raben on December 10, 2015 Posted in Europe, Germany

The employment implications of the transfer of a business are regulated by sec. 613a German Civil Code (Bürgerliches Gesetzbuch – BGB). A transfer of a business takes place where an economic entity is transferred by a legal transaction and the economic entity is continued by the new owner of the business. In order to determine whether such … Continue reading

What protection from discrimination do employees have on grounds of gender in Germany?

By Wiebke Mattern on November 10, 2015 Posted in Discrimination and harassment, Europe, Germany

All employees in Germany, including apprentices and job applicants, are fully protected against discrimination on grounds of gender under the German Anti-Discrimination-Act which is derived from European directives. In particular, it is unlawful to discriminate during the recruitment or promotion process. It is also unlawful to discriminate on grounds of gender in the giving of … Continue reading

Notice Rights – What Rights Do Employees Have To Notice On Termination Of Employment

By Bettina Goletz and Jannis Breitschwerdt on September 30, 2015 Posted in Europe, General, Germany

Notice rights have the purpose of giving the employee the opportunity to take appropriate measures in preparation for the termination. The obligation of the employer to adhere to certain notice periods and the length of these notice periods depend - amongst other things - on the characterisation of the termination and the duration of the … Continue reading

Altersdiskriminierung bei Kündigung im Kleinbetrieb

By on July 30, 2015 Posted in Europe, Germany

Eine altersdiskriminierende Kündigung kann unwirksam sein und Entschädigungsansprüche auslösen. Dies gilt auch im Kleinbetrieb, obwohl dort eine Kündigung grdsl. ohne Grund möglich ist. In der Entscheidung ging es um eine 1950 geborene Klägerin, die seit gut 20 Jahren bei einer Arztpraxis als Arzthelferin beschäftigt war. In der Praxis waren noch vier (jüngere) Arbeitnehmerinnen angestellt. Die … Continue reading

What protection from discrimination do employees have on the grounds of sexual orientation in Germany?

By on July 3, 2015 Posted in Discrimination and harassment, Europe, Germany

Discrimination against people on grounds of their sexual orientation is a topic widely discussed in European politics. For example, only recently, in Ireland marriage between same sex partners became lawful. In Germany, it is still not possible for same sex partners to marry. They can only enter into a so-called registered civil partnership (eingetragene Lebenspartnerschaft), … Continue reading

Working time – are there any restrictions on an employee’s working week in Germany?

By Bettina Goletz on May 28, 2015 Posted in Europe, Germany

Under the German Act on Working Time (Arbeitszeitgesetz), an employee’s working time is limited to a maximum of eight hours per working day and 48-hours per week. This 48 hours threshold applies to all employees working a five or six day week. However, most employees in Germany work five days and 40 hours per week … Continue reading

Rechtsprechungsänderung: Keine Urlaubskürzung wegen Elternzeit nach Beendigung des Arbeitsverhältnisses

By on May 22, 2015 Posted in Europe, Germany

Das Bundesarbeitsgericht änderte mit Urteil vom 19.05.2015 seine Rechtsprechung zur Kürzung von Urlaubsansprüchen, die während einer Elternzeit entstehen. Grundsätzlich entsteht auch während einer Elternzeit eines Arbeitnehmers ein Urlaubsanspruch. Endet das Arbeitsverhältnis nach Ablauf der Elternzeit, steht dem Arbeitnehmer ein Abgeltungsanspruch für den nicht genommenen Urlaub in Geld zu. Das bedeutet beispielsweise, dass der Arbeitnehmer, der … Continue reading

What rights do employees have to a minimum wage in Germany?

By Philipp Raben on April 29, 2015 Posted in Europe, Germany

As from 1 January 2015, a minimum wage of € 8.50 has been introduced for the first time in Germany – this generally applies to all employees. However, there are some exceptions. For example, the minimum wage does not have to be paid to interns on a mandatory internship, apprentices, adolescents under the age of … Continue reading

What protection do employees have against discrimination on grounds of age?

By Andreas Reuther on April 2, 2015 Posted in Europe, Germany

In Germany, employees may not be treated adversely on the grounds of race, ethnic origin, gender, religion, secular belief, disability, sexual identity or age. Any provisions in agreements which violate the prohibition of adverse treatment are invalid. Where there has been adverse treatment, the employer is obliged to pay the affected employee compensation unless the … Continue reading

Collective consultation on redundancy – what obligations do employers have?

By Andreas Reuther on March 5, 2015 Posted in Europe, Germany

In Germany, an employer must comply with certain consultation obligations when dismissing an employee. Failure to do so may result in the dismissal being held null and void by a labour court or the court awarding compensation to the affected employees. The works council and dismissals Prior to giving notice of termination, an employer must … Continue reading

Effectiveness of a notice of dismissal by the chief human resource manager in Germany

By Andreas Reuther on February 10, 2015 Posted in Europe, Germany

In a recent decision the German Federal Labour Court made some welcome clarifications with regard to the entitlement to give and to reject a notice of dismissal. Basic principles re the entitlement to give and to reject a notice of dismissal Under German law notice can only be given by duly authorized persons and, in … Continue reading

Religious and other beliefs – what protection from discrimination do employees have in Germany?

By on January 23, 2015 Posted in Discrimination and harassment, Europe, Germany

Although religious and other beliefs should not play any role in employment decisions, there are a significant number of labor court decisions, including of recent date, dealing with employees’ protection against discrimination for this reason. During the hiring process, the employer is not allowed to ask about the employee’s religion or which religious beliefs the … Continue reading

No automatic presumption of good assessments in employment references in Germany

By Andreas Reuther on December 17, 2014 Posted in Europe, Germany

Good news for all employers: The German Federal Labour Court has recently reversed the disastrous judgment of the Regional Labour Court of Berlin-Brandenburg concerning the allocation of the burden of proof with regard to assessments in employment references. Basic principles re employment references In Germany, upon termination of the employment relationship employees can claim for … Continue reading

Der arbeitsrechtliche Hintergrund der derzeitigen Streiks bei der Bahn

By on December 3, 2014 Posted in Europe, Germany

Arg strapaziert wird derzeit der Geduldsfaden der Bahnkunden – über Tage hinweg legten Gewerkschaften den Bahnverkehr mit Streiks lahm. Da eine Einigung der Lokführergewerkschaft GdL bzw. der Eisenbahnergewerkschaft EVG mit der Deutschen Bahn noch immer nicht in Sicht ist, ist zudem bis Weihnachten mit weiteren Streiks zu rechnen. Doch was ist der Hintergrund der verhärteten … Continue reading

Reform of the German Law On Parental Allowance And Parental Leave (Bundeselterngeld- und Elternzeitgesetz – BEEG)

By Andreas Reuther on November 14, 2014 Posted in Europe, Germany

On 7 November 2014 the German Bundestag passed the reform of the German Law On Parental Allowance And Parental Leave (Bundeselterngeld- und Elternzeitgesetz – BEEG). The purpose of this reform is to improve the compatibility of work and family life for parents on a partnership basis. In essence, the main revisions – that will most … Continue reading

Disability – what protection from discrimination do disabled employees have in Germany?

By Annegret Müller-Mundt on October 30, 2014 Posted in Discrimination and harassment, Europe, Germany

In Germany, discriminating against disabled employees is prohibited by the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz). This law provides very comprehensive protection against discrimination of any kind. In addition, severely disabled employees have special rights and protection under the German Social Code (Sozialgesetzbuch IX). 1 General Equal Treatment Act As this law transposed a European … Continue reading

Longer notice periods after longer employment periods are no age discrimination!

By Annegret Müller-Mundt on October 21, 2014 Posted in Europe, Germany

If an employer desires to terminate an employee’s employment without cause, German law provides for statutory minimum notice period. This ranges from at least four weeks to the 15th or the end of a month where the employee was employed for less than two years to at least seven months to the end of a … Continue reading

Confirmation of the jurisdiction re long-term assignment of temporary workers

By Andreas Reuther on October 1, 2014 Posted in Europe, Germany

The claimant had been working for the defendant hospital as a temporary worker since 1 August 2008. Against the background that the German Temporary Employment Act only provides for assignments that are limited in time, the claimant argued that an employment relationship between her and the hospital had been created by law because of her … Continue reading

Flexible working in Germany – achieving a work-life balance

By Annegret Müller-Mundt on September 17, 2014 Posted in Europe, Germany

In the current “war for talents” that German employers increasingly have to fight, a good work-life balance is an important requirement for most job applicants. But it is an equally valuable selling point for employers in order to retain their current employees! Therefore, one sees companies already offering e.g. much more flexible working models providing … Continue reading