Recent news

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

Germany: Email access for Works Council

The Mecklenburg-Western Pomerania State Labour Court has ordered an employer to provide a confidential email account for use by Works Council Members that can be accessed from outside the workplace …

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Germany: No double vacation entitlement

If an employee is unlawfully dismissed from their job, but immediately enters another job with a second employer they do not thereby qualify for double entitlement to annual leave …

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Germany: A detour during commuting may invalidate accident insurance

Normally an accident on the way to work is classified as an insurable risk …

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Germany: Remuneration of works council members

The Works Constitution Act is currently being amended by the Bundestag (Federal Parliament) …

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Germany: Discrimination against fixed-term workers

An employer may not distinguish between a permanent and a fixed-term employee when making payment of a discretionary inflation compensation bonus …

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Germany: State-owned Grün Berlin GmbH opts for MAV

The trends towards companies avoiding the establishment of works councils and therefore the burden of co-determination has recently been given a boost by the recent admission that a state-owned enterprise has established a MAV …

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Germany: Liberalization of employee communication procedure

The Federal Cabinet has approved a modification to the Evidence Act, removing the necessity for employers to issue extensive ‘hard copy’ details concerning their job to new employees …

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Germany: Naturalisation and dual citizenship law coming into force

Under the new law, from 26th June 2024 the minimum period of German residence necessary for naturalization will be reduced to five years (and even three years in exceptional circumstances), down from eight years …

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Germany: Job adverts should avoid expression “digital natives”

A plaintiff brought a case of age discrimination against a sporting goods retailer after he was rejected for the post of ‘Corporate Communications Manager’ …

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Germany: Training need not be limited by seniority or merger

An employer should not deny a works council chairman the right to attend a training course, or to meet necessary expenses simply because they had been in office for several years and because the organization was subject to a merger …

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Germany: Underperforming disabled employee protected – even during probation

The Cologne Labour Court has found that an employer had not provided the necessary support to a disabled employee which it later sought to dismiss …

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Germany: The right to company laptops for virtual meetings

The Munich Regional Labour Court has ruled that an employer has an obligation to make available laptops to works council members – but only if the council rules of procedure specify that meetings via video-conferencing are an option …

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Germany: Business complaints that reforms do not go far enough

The Fourth Bureaucracy Relief Act is soon beginning its course through the German Federal legislature …

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Germany: Works council remuneration

Where a works council member is not called upon to fulfill their representative role for the majority of their time, they are normally paid the rate for the job which they still hold in their company …

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Germany: The tariff system ties employer’s hands

The Bremen-Bremerhaven Labour Court has recently ruled that an inflation compensation premium agreed with a union may not be offset against a general wage tariff …

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