Recent news
Latest items of recent news relevant to Germany as reported in our fortnightly newswire ‘Dernières nouvelles’.
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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Germany: Temporary jobs class as vacant
The Regional Court in Cologne has refused to allow an automotive supplier to make several permanent employees redundant in the face of reduced orders …
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Germany: Fashion retailer H&M hit with €35m fine for data security breach
The recent €35M fine on fashion retailer H&M – the second largest fine under the GDPR – imposed by the Hamburg Commissioner for Data Protection and Freedom of Information is a timely reminder that GDPR rules apply to everyday HR management practices and not just the processing of personal data and major data breaches …
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Germany: Special Works Council for disabled people
The existence of a special Works Council for disabled people has been a feature of German labour relations for many years …
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Germany: Man Truck & Bus announces “extensive restructuring of the company”
The Executive Board of Man Truck and Bus has announced that it is going to undergo a comprehensive restructuring of the business ahead of a programme for digitalisation and automation of operations …
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Germany: Mini job reform
A parliamentary debate is taking place over the status of those undertaking “mini-jobs” in Germany …
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Germany: Termination without notice
A case this summer involving a court worker who refused to complete work legitimately assigned to them illustrates the requirements necessary to issue an extraordinary termination without notice …
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Germany: Will mobile work become a legal entitlement for employees?
The Federal Ministry of Labour and Social Affairs (BMAS) has drawn up a draft “mobile working” law that would give German workers a right to request home-working for at least 24 days a year – and their employer would not be able to refuse unless it was totally impractical to do so …
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Germany: Accident insurance coverage in home office
A re-examination of how teleworkers are affected by the statutory occupational accident insurance has resulted in the Federal Social Court upholding its original decision of 2013 (B 2 U 19/18 R, 30 …
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Germany: Does an employee have a general right to work from home?
The COVID-19 pandemic has, without a doubt, accelerated the acceptance of a ‘working from home’ culture but does an employee have a general right to work from home? No …
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