Recent news

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

Germany: Concealing pregnancy is not fraudulent misrepresentation

The declaration of pregnancy after signing an employment contract is not fraudulent misrepresentation …

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Germany: BAG on equal pay for mini-jobbers

Those undertaking a ‘mini-job’ are entitled to the same pay rates as other workers undertaking the same work …

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Germany: Does an employer have to submit documents in printed form?

The requirement for an employer to print out all relevant documents relating to a labour hire and send them to its works council has been denied by a regional court …

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Germany: Homeworkers more likely to work through an illness

A survey by Germany’s largest health insurance company, Techniker Krankenkasse, has found that home workers are more likely to carry on working when they feel sick than those working in a conventional workplace …

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Germany: Inflation compensation act published

The Inflation Compensation Act has raised tax free income allowances …

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Germany: Going absent for two days to attend a party does justify dismissal

A nursing assistant took sick leave from her night shifts, but was later found through photographs to have attended a ‘white night Ibiza party’ …

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Germany: No automatic start of the limitation periods for annual paid leave

The principle of “use it or lose it” used to apply to statutory minimum holidays each year …

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Germany: Real collectively agreed wages fell by 4.7% in 2022

Last year, new and revised collective agreements were concluded for 7 …

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Germany: Employees are not obliged to accept or read work messages outside their working time

The State Labour Court (LAG) in Schleswig-Holstein has ruled that employees do not have to receive messages from employers, read an SMS or consult changes to work rosters except when they arrive during their working time …

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Germany: New electronic sickness notification rules come into force

The days of the old “yellow slip” have gone – although not quite …

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Germany: Does your company rely on federal government contracts?

Does your company rely on federal government contracts? If so, do you follow applicable sectoral agreements? Although it is common practice for individual German States to require private sector contractors to comply with collective agreements that are in force in their sector, the federal government has only tended to make such a requirement when an agreement has been declared as generally binding under the Collective Bargaining Agreement Act, or the Posted Workers Act …

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Germany: What public holidays apply when employees are deployed away from their normal (contractual) workplace?

Germany has a number of national public holidays, but also a number of public holidays too that are only celebrated locally …

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Germany: Christmas bonus rises by 2.6% – 2022

According to the Federal statistical office, 86% of employees will receive a Christmas bonus this year …

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Germany: The social selection of employees for redundancy may take into account how close an employee is to retirement

The Federal Labour Court (BAG) has confirmed that age is a factor that may not be used in social selection until such time as an individual nears the age of retirement and there is a replacement income, in the form of a pension without deductions due to old age, payable within two years of the end of the employment relationship (Az: 6 AZR 31/22) …

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Germany: Overtime thresholds

Federal Labour Court (BAG) applies European Court of Justice (ECJ) ruling in respect to overtime thresholds …

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