Recent news

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

Germany: Amendment of the Act against Restraints of Competition

An amendment to the Act against Restraints of Competition (GWB) has just come into force …

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Germany: How far pay differences can indicate discrimination when setting pay?

The Federal Labour Court has recently referred a case back to a regional labour court because it could not determine whether an employer had sufficient justification for paying a female employee less than male counterparts under the “Pay Transparency Act” (PTA) …

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Germany: Threat of notification of sickness justifies extraordinary termination

If an employee threatens their employer with taking sick leave during a dispute with them, in order to avoid a workplace instruction, they may be dismissed immediately for gross misconduct …

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Germany: Ventilation in the context of COVID-19

A national campaign called “LüftenHilft” is being undertaken to alert everyone to the importance of ventilation in preventing the spread of coronavirus …

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Germany: Unauthorized private use of a company car does not justify termination of a long-term employee without notice

The Düsseldorf Regional Labour Court (Az 6 Sa 522/20) has held that the unauthorized private use of a company car does not, in itself, justify dismissal …

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Germany: Commerzbank reaches agreement with the Group Works Council

Commerzbank AG has reached agreement with its Group Works Council over the restructuring of its business during 2021-24 …

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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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