Recent news
Latest items of recent news relevant to Germany as reported in our fortnightly newswire ‘Dernières nouvelles’.
Germany: No foreign language translation required
The Saxony-Anhalt State Labour Court (LAG) has determined that in line with Section 1078 Paragraph 1 Clause 2 of the Code of Civil Procedure (ZPO), there is no obligation for an applicant seeking legal aid to have all supporting documentation translated into German …
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Germany: Representatives of disabled have no document inspection rights
Hamburg Regional Labour Court has ruled that if representatives of severely disabled workers (SBVs) suspect that those they represent have been subject to unequal treatment in the payment of bonus payments, or salary hikes, they have no right to inspect relevant company documents …
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Germany: Only 39% of companies meet the national disability quota
According to the Federal Employment Agency, in 2021, a total of 1,111,271 severely disabled people were employed in companies with 20+ people …
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Germany: Federal Cabinet approves draft youth training and further education law
A new youth training guarantee is being introduced …
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Germany: Court issues replacement consent for Chairman of a local Amazon works council
Last November, the logistics company Amazon gave permission to the Chairman of its works council at Winsen logistics centre to attend an external three-day congress with three colleagues at the company’s expense …
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Germany: Right to removal of warning on file after departure from employment
The Hamm Regional Labour Court has found that an ex-employee had the right to require warnings on his personnel file to be removed after his departure …
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Germany: End to statutory meetings through on-line conferencing
The deadline has ended for temporary regulations introduced during the COVID-19 pandemic which allowed works council, youth and trainee arbitration board meetings to be held “by means of audiovisual equipment” …
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Germany: No legal loophole in setting parental benefit lower because of prior unemployment
The Federal Social Court has recently heard another case concerning the seeming anomaly that exists about the calculation of parental benefit …
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Germany: Payment of service bonus may not be contingent on staying with a company after it becomes payable
The Hamm Higher Labour Court has ruled that a ‘jubilee bonus’ of €2,200 (US$2,384), payable after 35-year service, may not be withheld because the recipient left as soon as the bonus became payable …
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Germany: May an employer deduct what it considers to be unjustified costs from the salary of a works council member?
Although an employer in Germany is generally responsible for the costs of operating their works council, it is not always clear if third party costs incurred by the council are reclaimable …
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Germany: The removal of safety guards on machinery commonly tolerated
A survey carried out by the Institute for Occupational Safety and Health of the German Social Accident Insurance Association (IFA) has found that the proportion of Managers and Supervisors who tolerate tampering with safety guards is high …
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Germany: Dogs may be banned in the workplace
The Rhineland-Palatinate State Labor Court (LAG) has ruled that an employer may prevent any employee bringing their dog with them to work, particularly if it is aggressive and endangers other workers …
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Germany: Employers can no longer use better negotiating skills as an argument for unfair pay – Federal Labor Court
Federal Labour Court (BAG) finds that Gender was a factor in pay difference – in spite of negotiation …
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Germany: Legal costs for works council must have a separate resolution for each time they are represented in court
Berlin-Brandenburg State Labour Court has ruled that unless a resolution is passed each time, an employer will have no obligation to meet legal costs [1 TaBV 773/22] …
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Germany: Face mask restrictions virtually come to an end
From 1st March 2023, the Federal Ministry of health has removed most restrictions, including when attending a medical facility …
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