Recent news
Latest items of recent news relevant to Germany as reported in our fortnightly newswire ‘Dernières nouvelles’.
Germany: May an employer deduct what it considers to be unjustified costs from the salary of a works council member?
Although an employer in Germany is generally responsible for the costs of operating their works council, it is not always clear if third party costs incurred by the council are reclaimable …
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Germany: The removal of safety guards on machinery commonly tolerated
A survey carried out by the Institute for Occupational Safety and Health of the German Social Accident Insurance Association (IFA) has found that the proportion of Managers and Supervisors who tolerate tampering with safety guards is high …
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Germany: Dogs may be banned in the workplace
The Rhineland-Palatinate State Labor Court (LAG) has ruled that an employer may prevent any employee bringing their dog with them to work, particularly if it is aggressive and endangers other workers …
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Germany: Employers can no longer use better negotiating skills as an argument for unfair pay – Federal Labor Court
Federal Labour Court (BAG) finds that Gender was a factor in pay difference – in spite of negotiation …
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Germany: Legal costs for works council must have a separate resolution for each time they are represented in court
Berlin-Brandenburg State Labour Court has ruled that unless a resolution is passed each time, an employer will have no obligation to meet legal costs [1 TaBV 773/22] …
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Germany: Face mask restrictions virtually come to an end
From 1st March 2023, the Federal Ministry of health has removed most restrictions, including when attending a medical facility …
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Germany: Court declares dismissal for frequent absences to be unjustified
A long-service employee had been frequently absent during the years 2014-2020 …
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Germany: Statute of limitations applies to compensation for untaken leave.
When an employee leaves their employment, they are entitled to payment in lieu for untaken annual leave in the relevant year to date …
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Germany: No termination of a works council election in the event of “simple” procedural errors
Court determines that procedural issues with a Works Council election do not permit it to be cancelled …
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Germany: BAG refuses to accept that transfers can be made without first advertising internally
Federal Labour Court (BAG) refuses to accept that transfers can be made without first advertising internally …
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Germany: Concealing pregnancy is not fraudulent misrepresentation
The declaration of pregnancy after signing an employment contract is not fraudulent misrepresentation …
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Germany: BAG on equal pay for mini-jobbers
Those undertaking a ‘mini-job’ are entitled to the same pay rates as other workers undertaking the same work …
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Germany: Does an employer have to submit documents in printed form?
The requirement for an employer to print out all relevant documents relating to a labour hire and send them to its works council has been denied by a regional court …
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Germany: Homeworkers more likely to work through an illness
A survey by Germany’s largest health insurance company, Techniker Krankenkasse, has found that home workers are more likely to carry on working when they feel sick than those working in a conventional workplace …
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Germany: Inflation compensation act published
The Inflation Compensation Act has raised tax free income allowances …
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