Recent news
Latest items of recent news relevant to Germany as reported in our fortnightly newswire ‘Dernières nouvelles’.
Germany: Regular Christmas bonus makes it an established part of an employee’s pay
The Federal Labour Court has just overturned a decision by the Baden-Württemberg Regional Labour Court concerning the granting of Christmas bonuses …
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Germany: Works Councils may conduct surveys of working conditions without their employer’s permission
The State Labour Court in Saxony has determined that an employer’s attempt to render as unlawful a questionnaire circulated by the organisation’s works council was futile …
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Germany: Participation in wildcat strike legitimate basis for dismissal
Anyone taking part in a strike not supported by a union is liable for dismissal without notice by their employer …
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Germany: Draft Bill to record working time
Proposed amendments to the Working Hours Act and Youth Employment Protection Act have been published which will introduce a formal obligation to record working time …
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Germany: Staff of foreign airline may conduct works council election board meetings
This case concerned a Maltese Airline which had staff based permanently in Germany …
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Germany: Collective agreements inflate pay and reduce working time
The Institute for Economic and Social Sciences (WSI) in the Hans Böckler Foundation has recently reported the results of a study it undertook into the consequences of collective bargaining across Germany …
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Germany: No foreign language translation required
The Saxony-Anhalt State Labour Court (LAG) has determined that in line with Section 1078 Paragraph 1 Clause 2 of the Code of Civil Procedure (ZPO), there is no obligation for an applicant seeking legal aid to have all supporting documentation translated into German …
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Germany: Representatives of disabled have no document inspection rights
Hamburg Regional Labour Court has ruled that if representatives of severely disabled workers (SBVs) suspect that those they represent have been subject to unequal treatment in the payment of bonus payments, or salary hikes, they have no right to inspect relevant company documents …
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Germany: Only 39% of companies meet the national disability quota
According to the Federal Employment Agency, in 2021, a total of 1,111,271 severely disabled people were employed in companies with 20+ people …
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Germany: Federal Cabinet approves draft youth training and further education law
A new youth training guarantee is being introduced …
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Germany: Court issues replacement consent for Chairman of a local Amazon works council
Last November, the logistics company Amazon gave permission to the Chairman of its works council at Winsen logistics centre to attend an external three-day congress with three colleagues at the company’s expense …
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Germany: Right to removal of warning on file after departure from employment
The Hamm Regional Labour Court has found that an ex-employee had the right to require warnings on his personnel file to be removed after his departure …
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Germany: End to statutory meetings through on-line conferencing
The deadline has ended for temporary regulations introduced during the COVID-19 pandemic which allowed works council, youth and trainee arbitration board meetings to be held “by means of audiovisual equipment” …
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Germany: No legal loophole in setting parental benefit lower because of prior unemployment
The Federal Social Court has recently heard another case concerning the seeming anomaly that exists about the calculation of parental benefit …
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Germany: Payment of service bonus may not be contingent on staying with a company after it becomes payable
The Hamm Higher Labour Court has ruled that a ‘jubilee bonus’ of €2,200 (US$2,384), payable after 35-year service, may not be withheld because the recipient left as soon as the bonus became payable …
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