Recent news

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

Germany: Successful challenge concerning validity of works council vote

If an election committee does not announce calls for candidates, fails to send out notices of elections in a timely way or realizes too late which employees will be absent from their workplace on election day, then the final election may be declared invalid …

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Germany: Detour during a daily commute

The State Social Court of Lower Saxony-Bremen has ruled that a 4km detour during an employee’s commute home invalidated his car’s company insurance cover …

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Germany: Employer did not provide promised company car

The State Labour Court of Rhineland-Palatinate has found that a company was liable for the loss of private use of a company car because it had not provided one to a qualifying employee …

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Germany: Opportunity card

Job seekers from non-EU/EEA countries may now enter Germany with a so-called “Opportunity Card”, without already having an employment contract …

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Germany: Telephone sick notes

Telephone sick notes are now permanently possible for illnesses such as mild flu infections …

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Germany: Childcare days remain at enhanced level (2024-25)

Parents with statutory health insurance may apply for 15 working days of child sickness benefit per statutory insured child for each of the years 2024 and 2025, and single parents may apply for 30 days …

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Germany: Incidence of age discrimination

According to the business networking company XING, around one in three employees aged 50-67 reported that they experienced age discrimination, with 18% reporting that the problem was very severe …

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Germany: Premature meeting of a Conciliation Board makes its outcomes invalid

Under German Codetermination rules a Conciliation Board may be appointed to settle disputes concerning Works Agreements …

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Germany: Employee may not refuse dress code based on personal taste

The Düsseldorf Regional Labour Court has found that an employee’s repeated refusal to wear protective work trousers because they were coloured red was cause enough for them to be dismissed …

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Germany: Transparent employment terms

The Berlin-Brandenburg Regional Labour Court has ruled that where an employee is promised in their employment contract a 13th month salary “depending on the operating result” then the qualifying clause will be null and void because it lacks ‘transparency’ …

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Germany: Weighing up the job equivalence of overtime

According to a recent written answer to a question posed in the Bundestag, during 2023 German workers were engaged in a total of 1 …

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Germany: Missed work breaks

The Federal Institute for Occupational Safety and Health (BAuA) has found that around a third of employees do not have regular work breaks …

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Germany: Narrowing pay gap (April 2022-23)

The federal statistics agency Destatis has found, in its most recent earnings survey, that between April 2022 and April 2023 the gap between high (top 10%) and low (bottom 10%) earners fell from 3 …

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Germany: Representation for disabled on works councils

The Federal Labour Court has ruled that even if the threshold of five disabled employees has not been reached on a company payroll, they are still entitled to representation on the company works council …

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Germany: Two-households can lead to offset of second home tax

The Federal Finance Court has ruled that although an individual who keeps two households in order to be near their workplace during the week may claim for the added costs (including second home tax), the maximum total claim against tax that may be made is €1,000 pcm [VI R 30/21] …

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