Recent news
Latest items of recent news relevant to Germany as reported in our fortnightly newswire ‘Dernières nouvelles’.
Germany: Court declares dismissal for frequent absences to be unjustified
A long-service employee had been frequently absent during the years 2014-2020 …
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Germany: Statute of limitations applies to compensation for untaken leave.
When an employee leaves their employment, they are entitled to payment in lieu for untaken annual leave in the relevant year to date …
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Germany: No termination of a works council election in the event of “simple” procedural errors
Court determines that procedural issues with a Works Council election do not permit it to be cancelled …
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Germany: BAG refuses to accept that transfers can be made without first advertising internally
Federal Labour Court (BAG) refuses to accept that transfers can be made without first advertising internally …
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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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