Recent news

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

Germany: Casting vote

The closure of the Aachen, Babenhausen and Karben factories of automotive supplier Continental has led IG Metall and IG BCE unions to question the current right of Supervisory Board Chairmen to have the casting vote on all tied resolutions …

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Germany: Partial lockdown pushes more companies into short-time work

28% of companies offered short-time working in November, with the proportion at 91% amongst hotels and travel agencies …

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Germany: Are crowdworkers employees?

What happens if an individual contractor accepts a constant succession of orders for their services over a crowdworking online platform? At what stage does the relationship become one of “employment”? A case recently heard by the Federal Labour Court (BAG) involved 2978 tiny orders over an 11-month period …

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Germany: No obligation for employers’ representatives to speak German if translation is guaranteed

The Regional Labour Court of Nuremberg has rejected a work council’s request to make German the official operating language in a Spanish-owned company with branches across Germany (1 TaBV 33/19, 18 …

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Germany: Christmas options

The approach of Christmas has always traditionally involved the gathering of staff, if not for a full-blooded party – then at least a drink after work, or get-together around the communal kitchen …

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Germany: new eID card

The new eID card for EU citizens has now been issued, making it easier to undertake a number of transactions, especially online …

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Germany: Christmas bonus

Entitlement to a Christmas bonus continues to be a common benefit across the country, with 87% of those covered by collective agreement in western Lander receiving it, compared to 90% in eastern Lander …

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Germany: Treatment of part-time workers

The Federal Labour Court has referred a case to the European Court of Justice that could have widespread implications for the treatment of part-time workers …

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Germany: Dismissal due to extreme racist behaviour

The Federal Constitutional Court has ruled that if an employer dismisses an employee for extreme racist behaviour, no freedom-of-expression right will apply to render that dismissal as unfair …

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Germany: Personnel records of WC members

The Baden-Württemberg State Labour Court (LAG) has ruled that any criticism by an employer of a works council member for their competence as a works council representative may not be noted on their personnel file …

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Germany: Termination due to private use of the Internet

Excessive private use of the Internet during working time may justify instant dismissal, according to the Regional Labour Court of North Rhine Westphalia (Cologne, 7 …

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Germany: Proposals for reform of the Works Constitution Act and co-determination rights

The parliamentary group of the SPD party – currently governing Germany in coalition – has adopted a position paper setting out proposals for reform of the Works Constitution Act and co-determination rights …

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Germany: Slow growth of works councils

A recent meeting of the Bundestag (Federal Parliament) Committee on Social Affairs considered why the growth of works councils in companies had slowed very markedly in recent years …

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Germany: Works council election at Daimler headquarters remains invalid

The Baden-Württemberg State Labour Court (LAG) has ruled the results of the Works Council elections at Daimler HQ back in 2018 as invalid …

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Germany: Health and safety of self-employed workers

The Federal government has before it a draft ordinance concerning the health and safety of self-employed workers on construction sites …

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