Recent news

Latest items of recent news relevant to Germany as reported in our fortnightly newswire ‘Dernières nouvelles’.

Germany: Further tightening of Germany’s investment control

Whilst countries, such as Lithuania, are taking active steps to encourage investment from outside the EU, Germany is working hard to block unwanted investments in its existing corporate sector …

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Germany: Protection of trade secrets

The seemingly innocent actions of an employee sending non-sensitive data to another organisation may fall foul of the law in Germany …

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Germany: ‘Webinar’ enjoys protected trademark status

With the global pandemic causing a sudden spike in the number of online seminars, presentations and meetings, it’s timely and important to point out that the term ‘webinar’ enjoys protected trademark status in Germany …

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Germany: Labour court: Norma has to negotiate with local councils

As the lockdown eases, companies are having to face up to the fact that much demand has been lost for good …

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Germany: Thuringia state removes gender parity rule for election candidates

Although the evolution of laws in the employment sphere across most EU member states is towards the improvement of equal opportunities through “positive action”, there are far-right political forces at work that oppose such an approach …

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Germany: New draft law would make it possible to change your German address online

If any individual, or business, moves their address in Germany there is a lengthy manual bureaucratic procedure that has to be undertaken …

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Germany: Weakness of civil law litigation

How far can a court in one country determine a case on the basis of a foreign law, using only the evidence provided to it? A recent case in Germany has exposed the weakness of German civil law litigation – where it is up to the parties to establish the facts of a case, including whether a matter infringes another country’s laws …

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Germany: A German law might put an end to Human Rights violations in supply chains

The Federal government is drawing up a draft law to oblige employers with 500+ employees to ensure that no abuses of human rights are taking place in their foreign operations, or supply chains …

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Germany: Shift vs overtime premium

A payment system providing a 15% premium for regular shift workers at night does not constitute any valid “unequal treatment” if other employees who work exceptionally at night receive a 60% overtime premium for their working time …

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Germany: “Qualified end-of-employment certificate” must bear the date

The State Labour Court in Cologne has ruled that a “qualified end-of-employment certificate” (i …

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Germany: Government to raise minimum hourly wage despite pandemic

The minimum hourly wage will be gradually increased – over four stages – from the current €9 …

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Germany: Works council has no permanent right of inspection for personnel files

The State Labour Court in Düsseldorf has found that the Chairman of a works council does not have the right to access electronic personnel files without an employee´s permission …

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Germany: Employer can be liable for financial damages caused to an employee due to delayed payment of salaries

The Regional Labour Court in Düsseldorf has ruled that an employer must be accountable for the consequences of the late payment of salaries, where they impact the calculation of a State provided allowance (12 Sa 716/19 v …

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Germany: Unlawful incentive to forego vacation

A new legal concept could soon enter into the HR vocabulary – an “unlawful incentive to forego vacation” …

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Germany: Employee data protection

The new Advisory Council on Employee Data Protection established by the Federal Ministry of Labour has just begun to hold its first meetings …

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