Recent news
Latest items of recent news relevant to Germany as reported in our fortnightly newswire ‘Dernières nouvelles’.
Germany: BAG creates legal certainty when extending the maximum leasing period through a collective agreement
An employee has no independent right to challenge the extension of their temporary employment, even though they are not a member of the union that signed up to the extension …
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Germany: Works and Arbitration Board Meetings may once again be held remotely on a digital basis
Section 129 of BetrVG, recently passed by the two parliamentary chambers, has made it lawful once gain to hold meetings “by means of audiovisual equipment” as long as they are in real time …
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Germany: Proposals for a new “Citizen’s Income” are now well advanced
As Europe is about to plunge into recession, Germany struggles with high inflation and problems with energy supply, the timing is perhaps just right to increase government’s costs by almost €5BN a year …
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Germany: Employers must record detailed aspects of working time
Although the European Court of Justice determined in 2019 (CCOO vs Deutsche Bank C155/18) that employers must operate an objective, reliable and accessible system to measure the daily working time actually undertaken by each employee, the German government did not amend the law to encapsulate the change …
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Germany: Sections of the commercial register may now be accessed free online
This new facility will be of particular interest to works councils, that frequently have to wait for company data to be provided to them after a formal request, and also to recruiters seeking to check the bone fides of a candidate’s previous employer …
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Germany: Lufthansa, pilots reach wage deal, strike called off
Response from Lufthansa leads to second round of pilot strikes being called off …
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Germany: SARS-CoV-2 occupational health and safety ordinance revised
Companies will be required to develop and implement new operational hygiene plans from October 2022 …
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Germany: No publication of employee lists to conduct an election meeting
Although an electoral board has the right to request employee lists, those employees seeking to form a works council have no such right …
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Germany: Written is written – the thank-you formula must not be subsequently deleted from the job reference
An employer may not remove positive elements when they revise an employment reference certificate …
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Germany: Employee comments should have led to a warning and not a dismissal
The Thuringia Regional Labour Court has found that an economist was unfairly dismissed, even though she had openly used disparaging words to describe some of her work colleagues …
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Germany: Embezzlement justifies termination without notice
An employer was justified in dismissing an employee without notice where it was found that they had embezzled a payment that that should have been shared with fellow staff members …
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Germany: Continued payment of wages with company quarantine regulations
An employer does not have the freedom to suspend an employee without pay because they had to serve a 14-day quarantine period …
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Germany: SBV elections
Employers should begin preparations for SBV elections this Autumn …
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Germany: Flat-rate tax-free allowance for home workers will end on 31st December 2022
The energy crisis and cost of energy bills is encouraging employers to consider extended home working this Winter …
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Germany: Court rules Easyjet layoffs invalid during pandemic
EasyJet found to have made a wave of dismissals unlawfully …
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