Resourcing

Recruitment, training, employment contracts, post-termination non-compete clauses, varying a contract of employment.

Germany :: Non-compete clauses

Non-compete clauses Are such clauses lawful? Yes, under section 74 of the Commercial Code …

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Germany :: Apprenticeship contracts

In Germany, apprenticeship contracts are known as initial training contracts …

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Germany :: Trial periods

The trial (or probationary) periods for trainees may not extend for longer than three months …

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Germany :: Recruitment

Hiring and advertising Although the use of registered recruitment agencies is lawful in Germany many employers still rely heavily upon the state employment service …

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Germany :: Posted workers

Before sending employees to Germany on assignments from another EEA country employers must give notice to the customs authority to ensure compliance with the Minimum Wage Act, the Posted Workers Act and the Temporary Employment Act …

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Germany :: Part-time contracts

The 2001 Part-time and Fixed-term Employment Act  (The Act) explicitly prohibits discrimination against part-time and fixed-term employees …

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Germany :: Outsourcing

There is no specific legislation on the impact of outsourcing on employees …

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Germany :: On-call, stand-by and duty time

German law distinguishes between: Duty time (Arbeitsbereitschaft) when an employee must be at the service of their employer …

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Germany :: Job posting

All contracts in the construction and janitorial sectors involving workers from elsewhere in the European Union are subject to the Posted Workers Act …

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Germany :: Independent contractors

An employed person is someone who ‘cannot decide himself on the place, time and manner of his work performance’ …

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Germany :: Home and Tele workers

In Brief Home workers and teleworkers are protected by the terms of the Home Work Act (1951/1997) …

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Germany :: Fixed-term contracts

Application The Act on Part-time Work and Fixed Employment Relationships (2001) states that fixed-term contracts may generally be concluded for objective reasons or without objective justification …

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Germany :: Employment contracts – general

In Germany, statute, trade union agreements and Works council agreements all set certain minimum requirements that are implied into employment contracts …

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Germany :: Agency workers

The German Temporary Agency Worker Act 2017 sets limits on the employment of such workers …

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