Recent news
Latest items of recent news relevant to Germany as reported in our fortnightly newswire ‘Dernières nouvelles’.
Germany: Paid hours for Works Council purposes
The State Labour Court of Rhineland-Palatinate has ruled out the right of a Works Council Chairman to have work-related activities carried out whilst on annual leave treated as paid working time …
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Germany: Payment rights during parental leave
The Düsseldorf Regional Labour Court has ruled that a collective agreement may exclude those on parental leave from receiving special payments made to compensate workers for the impact of consumer price inflation …
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Germany: Pitfall to avoid when making settlement agreements
If an employer reaches a mutual termination agreement with an employee, they should not include in the agreement an obligation to honour an outstanding statutory holiday entitlement ‘in kind’ as part of the deal …
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Germany: Compensation for on-call time not taken up
A strict definition of ‘on-call duty’ is, in practice, very difficult to make and especially where the whole purpose of a job is to relay calls out of hours …
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Germany: Summary dismissal of Works Council Chairperson
In this court case, the full-time Works Council Chairperson was given a warning for ignoring an instruction from her organisation to work in the works council offices …
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Germany: Accident insurer should be informed about all relevant work events
The association for Social Accident Insurance organisations (DGUV) has determined that employers must make a report every time there is a traumatic event involving the organisation and its personnel …
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Germany: Court intervention over otherwise lawful company policy
If a company wishes to establish a hybrid work arrangement that requires employees to work on company premises for a certain number of days per week, is it appropriate that a court intervenes to dictate whether this is legitimate? The simple answer in Germany is – yes, it is …
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Germany: Retrospective claim for dismissal during pregnancy
An employee who was dismissed whilst they were known to be pregnant has three weeks to take their employer to court for unfair dismissal …
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Germany: The right to claim severance if a reasonable job offer is made
If an employer closes an operational unit and draws up a ‘social plan’ to cover the employees who cannot be offered an equivalent position in an alternative operation, then those who have been offered an equivalent position have no right to claim unequal treatment by not being able to receive a severance payment …
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Germany: Exempting overtime from tax and social security
The Federal government has signaled its interest in seeking to stimulate economic activity by declaring overtime tax and/or social security deduction free …
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Germany: Regulations on remuneration of Works Councils
The Bundestag has approved an amendment to the Works Constitution Act that may help to reduce the controversy that currently exists over the application of the current rules …
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Germany: Wage round novelty in the chemical and pharmaceutical sectors
The federal agreement covers 585,000 workers in 1,700 enterprises …
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Germany: Local drivers can form own Works Council
The Labour Court in Aachen recently ruled that S 4(1/1) of the Works Constitution Act gives workers a right to form their own works council if they operate within a unit that is ‘spatially and organizationally’ separable from a mainstream hub …
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Germany: Lack of equal representation on Supervisory Boards
According to the Hans Böckler Foundation, 40% of companies where parity is required on Supervisory Boards between Management and Employee representation do not actually operate within the law …
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Germany: Working time records
The results of the 2023 national working time survey have just been published …
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