Recent news

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

Germany: New ruling holds that a works council cannot impose a language requirement on employer

What happens when a branch or country manager is unable to directly communicate with their German works council in the German language? Does this infringe codetermination rights in any way? The Nürnberg Regional Labour Court was recently called upon to consider this very question and its conclusion was “no” …

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Germany: Government extends shorter work hours scheme

The government has recently extended the current Kurzarbeit (“short time work”) scheme until the end of 2021 …

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Germany: Commuting costs during reintegration

If an employee has been absent from work due to illness or injury for a long period, they are entitled to a period of reintegration when they return to work …

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Germany: Dismissal of a pregnant employee

The German Maternity Protection Act makes it generally unlawful to dismiss a pregnant employee, those who have recently given birth, or those who have had a miscarriage …

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Germany: Low-emission recovery package announced

The doubling of the state subsidy for zero emission vehicles in July, together with existing factory subsidies, means that €9,000 ($10,700) support now exists to those purchasing electronic vehicles …

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Germany: Wage information claim

The first comparative wage information claim under the Transparency in Remuneration Act (EntgTranspG) has been considered by the Federal Labour Court (BAG) …

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Germany: Additional annual leave for disabled employees

Foreign employers frequently overlook the rights of severely disabled employees in Germany to receive additional annual leave …

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Germany: No consultation

It will be commonly assumed that individual employees will have the right to give, or withhold, consent independent of the Works Council (WC) that represents them …

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Germany: COVID-19 related infringements

How far may an employer go to discipline an employee who exhibits irresponsible public conduct during their own private time? The Labour Court in Osnabruck has accepted the graveness of any act that makes fun of the coronavirus risk …

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Germany: Stricter meat industry regulations

The use of independent contractors and subcontractors in the meat industry will become unlawful from 1st January 2021 …

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Germany: No WC information rights

An important new interpretation has been made by the Federal Labour Court (BAG) concerning the law on the promotion of pay transparency between men and women (EntgTranspG) …

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Germany: Further tightening of Germany’s investment control

Whilst countries, such as Lithuania, are taking active steps to encourage investment from outside the EU, Germany is working hard to block unwanted investments in its existing corporate sector …

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Germany: Protection of trade secrets

The seemingly innocent actions of an employee sending non-sensitive data to another organisation may fall foul of the law in Germany …

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Germany: ‘Webinar’ enjoys protected trademark status

With the global pandemic causing a sudden spike in the number of online seminars, presentations and meetings, it’s timely and important to point out that the term ‘webinar’ enjoys protected trademark status in Germany …

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Germany: Labour court: Norma has to negotiate with local councils

As the lockdown eases, companies are having to face up to the fact that much demand has been lost for good …

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