Recent news
Latest items of recent news relevant to Germany as reported in our fortnightly newswire ‘Dernières nouvelles’.
Germany: Recruiting foreign skilled workers
Companies experiencing skill shortages often look to overseas workers to bridge the gap …
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Germany: Employers must not take action to engineer dismissal of a disabled employee
An employer with a long-service employee who has a deteriorating health condition rendering them as disabled, may not dismiss the employee on the grounds that there is no suitable alternative vacancy if actually such vacancies did exist when her condition had been first known …
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Germany: On-call minimum default hours
When employing workers with variable hours who can fill requirements as and when called upon, employers should bear in mind S12 Para1 of the Part-Time and Fixed-Term Employment Act (TzBfG) …
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Germany: Lack of further training
A recent survey undertaken by Randstad for its ‘labour barometer’ monitoring service has found that the further training sought by employees is not fully met by German employers …
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Germany: Workplace telephone ban not subject to codetermination
The Federal Labour Court (BAG) has confirmed that an employer may ban private mobile phone use during working time without the need to first consult its company works council …
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Germany: A company may not deduct lawyer costs from a Works Council member’s salary
The Federal Labour Court (BAG) has confirmed the finding of a lower court in respect to a pay deduction …
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Germany: Company had no freedom to unilaterally restrict home working
Codetermination has once again reared its ugly head to make things operationally impossible for a reasonable employer …
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Germany: Bridging days in prospect for 2024
Next year several public holidays butt against, or close to, Weekends – such as New Year’s Day which could produce a ten-day seasonal holiday period and German Unity Day on Thursday, 3rd October 2024 which could be combined with Friday 4th October as a bridging day to produce a 4-day Weekend …
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Germany: Night work tax-free – in spite of irregularities
The Schleswig-Holstein Finance Court has determined that even though an employer did not keep a clear record of employee start and end times for night working a tax-free payment was legitimate …
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Germany: Right to exemption from shifts due to child-care responsibilities
The Mecklenburg-Western Pomerania State Labour Court (LAG) has confirmed a lower court’s decision concerning the timing of shifts to meet an employee’s childcare support times …
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Germany: Fixed-term employees (2022)
According to the 2022 AIB Establishment Panel review of fixed-term work, 58% of all fixed-term contracts were for “no objective reason” …
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Germany: Responsibility for a company bicycle lease
Whether an employee is obliged to continue paying the leasing charge for the bicycle provided under a company scheme depends entirely on the wording of the underlying contract …
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Germany: Dealing with a nervensäge
If an employee objects to the reference letter from their former employer and then rejects the replacement text as well, an employer is not entitled to indicate their natural frustration by removing a paragraph thanking the employee for their “valuable work” at the end of the third version, even though the rest of the revised reference was otherwise more positive than previous versions …
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Germany: May a company ban access by a works council Chairman to company premises?
The Hessian State Labour Court has required a company to lift its ban on the grounds that it created an impediment to the work of the works council (Section 78 BetrVG) …
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Germany: Summary dismissal legitimate for extreme chat group remarks
The Federal Labour Court has confirmed that an employer was justified in dismissing an employee for gross misconduct when a member of an online chat group expressed views that were “highly insulting, racist, sexist and inciting to violence about superiors and other colleagues” …
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