Resourcing

◉ 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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The declaration of pregnancy after signing an employment contract is not fraudulent misrepresentation …

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Under German law a MD/CEO is not subject to an employment contract (Arbnehmer), but a service agreement (Dienstvertrage) …

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

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

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

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

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

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For comprehensive guidance about the latest EU jobs posting rules see our Guidance Note …

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

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

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

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