#LaborLaw by Buse: Labor & Employment Law Blog - For HR Professionals

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Labor & Employment Law Blog

For HR Professionals

Editor:

Dr. Jan-Tibor Lelley, Rechtsanwalt der Kanzlei Buse Heberer Fromm

Dr. Jan Tibor Lelley, LL.M. (Suffolk University Law School)
Rechtsanwalt, Fachanwalt für Arbeitsrecht

Beiträge

Not enough candidates: Works council election still possible.

Not enough candidates: Works council election still possible. A works council election is permissible if there is a discrepancy between the number of candidates and the number of works council seats.

17.09.2024
Martin Hamm

Pay Transparency Directive: The right comparison group.

Pay Transparency Directive: The right comparison group. The rules of the Equal Pay Directive for determining comparison groups.

10.09.2024
Klaus Neumann

Bullying among colleagues: Is the employer required to pay compensation?

Bullying among colleagues: Is the employer required to pay compensation? When is an employee who has been bullied entitled to claim compensation?

03.09.2024
Sabine Feindura

Phishing e-mail: Liability risk for GmbH managing directors?

Phishing e-mail: Liability risk for GmbH managing directors? If managing directors fall into a phishing e-mail trap, they are not always liable for any damage caused.

27.08.2024
Peter Fissenewert

Bribe accepted: Transferred to employer in full!

Bribe accepted: Transferred to employer in full! Employees who take bribes must transfer the bribe in full.

20.08.2024
Jan Tibor Lelley

Be careful when handling personal employee data!

Be careful when handling personal employee data! Why a works council member who emailed a voters list to himself was dismissed without notice.

13.08.2024
Alexander Krol

Illness during Covid quarantine – bad luck!

Illness during Covid quarantine – bad luck! German Federal Labor Court rules that falling ill on vacation during the Covid pandemic does not entitle vacation day crediting. This case is now also regulated by law.

06.08.2024
Dr. Markus Dreyer

Third-party GmbH managing directors: No vacation extras.

Third-party GmbH managing directors: No vacation extras. The Federal Vacation Act applies to external managing directors of a GmbH – provided that they are “employees”.

30.07.2024
Peter Fissenewert

Remuneration statement via online portal: Only permissible with consent.

Remuneration statement via online portal: Only permissible with consent. An online employee portal is not always adequate to provide proper remuneration statement.

23.07.2024
Thomas Geißler

Pay Transparency Directive: Equal or equivalent work.

Pay Transparency Directive: Equal or equivalent work. Equal or equivalent work as a central concept of “Equal Pay”.

16.07.2024
Klaus Neumann

Smart solution for smartphones.

Smart solution for smartphones. The Federal Fiscal Court decides when employers can reimburse employees’ mobile phone costs tax-free.

09.07.2024
Julia Bruck

Will European Works Councils be better positioned?

Will European Works Councils be better positioned? On the EU Commission’s proposal to amend the European Works Council Directive.

02.07.2024
Alexander Otto

The term “digital native” is discriminatory!

The term “digital native” is discriminatory! Companies requesting “digital natives” in a job advertisement is discriminatory – because of the (lack of) age.

25.06.2024
Alexander Maximilian Kossakowski

State Labor Court (LAG): no salary reduction for works council.

State Labor Court (LAG): no salary reduction for works council. First ruling by a State Labor Court: Reducing the remuneration of a works council member is unlawful.

18.06.2024
Tobias Grambow

Dismissing severely disabled persons during probationary periods can prove problematic.

Dismissing severely disabled persons during probationary periods can prove problematic. Prevention procedures can become a stumbling block when dismissing severely disabled employees.

11.06.2024
Tanja Radoux

Law on the Protection of Business Secrets, whistleblowing, and malicious internal offenders.

Law on the Protection of Business Secrets, whistleblowing, and malicious internal offenders. The fine line between whistleblowing and disclosing secrets as well as prevention options.

04.06.2024
Michael Eschenbacher

The law demands expertise when running a whistleblower reporting office!

The law demands expertise when running a whistleblower reporting office! Online training for reporting office employees – including the certificate of expertise.

28.05.2024
Jan Tibor Lelley

Bonuses and variable salaries: Pitfalls for pay discrimination?

Bonuses and variable salaries: Pitfalls for pay discrimination? These rules will apply in future with regard to equal pay for variable remuneration components.

21.05.2024
Klaus Neumann

Vacation days as currency in the war for talent.

Vacation days as currency in the war for talent. How individual wage and vacation arrangements in employment contracts can attract employees.

15.05.2024
Julia Bruck

Management shareholdings: taxable wages?

Management shareholdings: taxable wages? Here’s the recent ruling of the Federal Fiscal Court on management shareholdings.

08.05.2024
Andreas Tontsch

Termination, registered letters and delivery: an ongoing labor law issue.

Termination, registered letters and delivery: an ongoing labor law issue. The proof of delivery plays a role when issuing notice of termination via registered mail.

30.04.2024
Walter Thimm

SMS messages from employers when off work.

SMS messages from employers when off work. Federal Court rules that employees do not have an absolute right to unavailability when off work.

23.04.2024
Alexander Krol

E-mail containing personal information: encryption necessary?!

E-mail containing personal information: encryption necessary?! A recent ruling by the Suhl Labor Court on GDPR violations and damages.

16.04.2024
Dennis Gonta

Data protection in the People's Republic of China.

Data protection in the People’s Republic of China. An overview of the rules for cross-border data transfers from China.

09.04.2024
Albrecht von Wilucki

No rating without a name?

No rating without a name? Employers can have anonymous negative reviews on Kununu deleted.

02.04.2024
Christine Nitschke

Is the gender asterisk discriminatory?!

Is the gender asterisk discriminatory?! Federal Labor Court ruled that use of the gender asterisk in German job advertisements is not discriminatory.

26.03.2024
Jürgen Masling

Certificate of incapacity for work and the Incapacity for Work Directive.

Certificate of incapacity for work and the Incapacity for Work Directive. Violations of the Incapacity for Work Directive can undermine the evidential value of a certificate of incapacity for work.

19.03.2024
Mathias Kühnreich

Banning smartphones in the workplace.

Banning smartphones in the workplace. Regulating private smartphone use in the workplace is not subject to co-determination by the works council.

12.03.2024
Dr. Markus Dreyer

The law governing works council remuneration is coming.

The law governing works council remuneration is coming. New legal regulations will establish legal certainty for works councils and employers.

05.03.2024
Tobias Grambow

The special audit at a GmbH.

The special audit at a GmbH. What you need to know about the control instrument of minority shareholders at a GmbH.

27.02.2024
Peter Fissenewert

Focus on employee activism – light & shadow.

Focus on employee activism – light & shadow. Challenges and strategies when dealing with activists at the company.

20.02.2024
Jan Tibor Lelley

Evidential value of the certificate of incapacity for work.

Evidential value of the certificate of incapacity for work. A recent ruling concerning continued remuneration and the doubts concerning the evidential value of a certificate of incapacity for work.

13.02.2024
Julia Bruck

Federal Labor Court: Open video surveillance, data protection, and use of evidence?

Federal Labor Court: Open video surveillance, data protection, and use of evidence? Do data protection violations render surveillance videos inadmissible in unfair dismissal proceedings?

06.02.2024
Thomas Geißler

“Equal Pay”: the EU Pay Transparency Directive – Part 1.

“Equal Pay”: the EU Pay Transparency Directive – Part 1. A directive which needs to be put into practice without delay.

31.01.2024
Klaus Neumann

TikTok prohibited on company cell phones.

TikTok prohibited on company cell phones. Is this also possible in the private sector?

24.01.2024
Alexander Maximilian Kossakowski

Compliance: Active risk management is mandatory for SMEs!

Compliance: Active risk management is mandatory for SMEs! The court has confirmed that active risk management is also the duty of managing directors at SMEs.

16.01.2024
Peter Fissenewert

How to deal with political extremism in the workplace?

How to deal with political extremism in the workplace? What options does labor law provide to deal with political extremists in the workplace.

09.01.2024
Tobias Grambow

Works council criticizes employer on social media.

Works council criticizes employer on social media. Is it possible to dismiss a works council member (without notice) who publicly criticizes their employer?

02.01.2024
Jan Tibor Lelley

Principle of equal treatment and inflation adjustment premium (IAP).

Principle of equal treatment and inflation adjustment premium (IAP). Why the principle of equal treatment can become a problem when paying inflation adjustment premiums.

28.12.2023
Alexander Otto

When managing directors reach their limits.

When managing directors reach their limits. The personal liability of managing directors for their own inability and supervisory negligence.

19.12.2023
Peter Fissenewert

Act on Corporate Due Diligence Obligations in Supply Chains No quarter!

Act on Corporate Due Diligence Obligations in Supply Chains No quarter! As of January 1, 2024, the Act will also apply to smaller companies. The first complaints have already been filed.

12.12.2023
Jan Tibor Lelley

Outsourcing – a transfer of operations?

Outsourcing – a transfer of operations? Labor law consequences for employers when outsourcing constitutes a transfer of business.

05.12.2023
Michael Winckler

Preparation is key!

Preparation is key! How employers can prepare for public opposition to unpopular labor law measures.

29.11.2023
Nina Lüssmann, Volker Perten

Fine for data protection violation.

Fine for data protection violation. Berlin’s data protection authority imposes fine due to “blacklist” for employee terminations.

22.11.2023
Tobias Grambow

We Wish You a Merry Christmas!

We Wish You a Merry Christmas! Labor law information regarding company Christmas parties.

14.11.2023
Jürgen Masling

Employees sick on vacation.

Employees sick on vacation. Labor law aspects to consider when employees fall ill while on vacation.

07.11.2023
Julia Bruck

The Whistleblower Protection Act – The Final Countdown.

The Whistleblower Protection Act – The Final Countdown. The last grace period for implementing an important aspect of the Whistleblower Protection Act (HinSchG) will end on December 17, 2023: The internal reporting channel will become mandatory (almost) everywhere.

31.10.2023
Jan Tibor Lelley

The Whistleblower Protection Act – The Final Countdown.

AI does the work, managers have the liability? An assessment of manager liability when using artificial intelligence at the company.

24.10.2023
Peter Fissenewert

Works council chairperson as the data protection officer – is this even possible?

Works council chairperson as the data protection officer – is this even possible? The Federal Labor Court (BAG) on the question of whether a works council chairperson can also be a data protection officer.

17.10.2023
Albrecht von Wilucki, Tobias Grambow

Court injunction due to breach of competition in unfair dismissal proceedings?

Court injunction due to breach of competition in unfair dismissal proceedings? Proceedings against competition violations during unfair dismissal proceedings are not always possible.

10.10.2023
Jürgen Masling

Dismissal of the internal data protection officer during insolvency?

Dismissal of the internal data protection officer during insolvency? Internal data protection officers enjoy special protection against dismissal, even in the event of insolvency.

Varying night shift bonuses: BAG sees no problem.

Varying night shift bonuses: BAG sees no problem. Regular or sporadic night work: Night shift bonuses may vary.

26.09.2023
Nikolai Lasaroff

Bridge to retirement: Mannheim model instead of a traditional severance payment?

Bridge to retirement: Mannheim model instead of a traditional severance payment? How employers simplify the transition to retirement for employees close to retirement through value credits.

19.09.2023
Axel Höselbarth

Intranet als Plattform muss reichen.

Intranet must suffice as a platform. Employers are not obligated to actively participate in sending union information via email.

12.09.2023
Tobias Grambow

Not without (my) lawyer: Operational changes & reconciliation of interests.

Not without (my) lawyer: Operational changes & reconciliation of interests. For many employers, legal advice is the best option in the event of structural changes within the company.

05.09.2023
Jan Tibor Lelley

Unable to work due to illness: Is disclosing medical data justified?

Unable to work due to illness: Is disclosing medical data justified? Federal Labor Court: Employees must disclose medical data if there are doubts about their entitlement to continued payment of wages.

29.08.2023
Mathias Maria Knorr

German Federal Court of Justice rules on the liability of managing directors of limited liability companies.

German Federal Court of Justice rules on the liability of managing directors of limited liability companies. Landmark decision regarding the liability of the managing director of the limited partner GmbH toward the GmbH & Co. KG.

22.08.2023
Peter Fissenewert

Employers & transfer bonuses: The solution for personnel acquisition?

Employers & transfer bonuses: The solution for personnel acquisition? How transfer bonuses or hiring bonuses offered by employers can motivate people to change jobs.

15.08.2023
Mathias Kühnreich

Sustainable business travel done successfully.

Sustainable business travel done successfully. Impulses and tips for travel management keeping in mind environmental aspects.

08.08.2023
Alexander Maximilian Kossakowski

Compliance violations as a communication crisis.

Compliance violations as a communication crisis. How companies can (re)act professionally with media law support in the event of compliance violations and investigative proceedings.

01.08.2023
Nina Lüssmann, Volker Perten

Federal Labor Court rules on mass dismissal notification: “Should” remains “should”.

Federal Labor Court rules on mass dismissal notification: “Should” remains “should”. A mass dismissal notification is not invalid if it does not include non-mandatory information (Federal Labor Court, decision dated May 19, 2022, Ref: 2 AZR 467/21).

25.07.2023
Tanja Radoux

A done deal: the Continuing Education Act is coming.

A done deal: the Continuing Education Act is coming. The “Act on Strengthening the Subsidization of Vocational Training and Continuing Education” was passed.

18.07.2023
Jan Tibor Lelley

Selbstbestellung von Vorstandsmitgliedern einer AG zu Geschäftsführern in Tochter-GmbH.

Self-appointment of members of the board of management of a German stock corporation as managing directors at subsidiary GmbHs. Members of the management board of a stock corporation must be exempt from the prohibition on self-contracting in order to be appointed as managing directors of subsidiaries.

Whistleblower Protection Act enters into force.

Whistleblower Protection Act enters into force. Germany battled with the issue for a long time. The Whistleblower Protection Act finally entered into force on July 2, 2023.

04.07.2023
Thomas Draguhn, Arne Fischer

Smartphone bans in the workplace: Does the works council have a say?

Smartphone bans in the workplace: Does the works council have a say? Ruling on the co-determination of the works council when banning personal smartphone use at work.

27.06.2023
Dr. Yuanyuan Yin

Protection of minority shareholders in corporate law: the stock corporation (AG).

Protection of minority shareholders in corporate law: the stock corporation (AG). How the protection of minority shareholders in a stock corporation works.

20.06.2023
Peter Fissenewert

Eliminating violence and harassment in the world of work: ILO Convention 190 ratified.

Eliminating violence and harassment in the world of work: ILO Convention 190 ratified. Built on an international foundation, the way has been paved for the law for protection against violence and harassment.

13.06.2023
Jan Tibor Lelley

Federal Labor Court: No employee leasing for joint operations.

Federal Labor Court: No employee leasing for joint operations. The Federal Labor Court has ruled that the Act on Temporary Agency Work (AÜG) does not apply for joint operations even after the amendment of Section 1 in 2017.

06.06.2023
Alexander Otto

CJEU: Finally a decision on the maximum transfer duration?

CJEU: Finally a decision on the maximum transfer duration? How the CJEU addresses the term “temporary” from Section 1 (1) of the Act on Temporary Agency Work (AÜG).

30.05.2023
Julia Bruck

Minority protection: Protecting minority shareholders in the GmbH.

Minority protection: Protecting minority shareholders in the GmbH. Does company law provide sufficient protection for minority shareholders in the GmbH?

23.05.2023
Peter Fissenewert

Cyber attack liability in the event of data breaches.

Cyber attack liability in the event of data breaches. The management bears the responsibility.

16.05.2023
Alexander Krol

Managing Partner or Director: Social insurance, yes or no?

Managing Partner or Director: Social insurance, yes or no? When is social insurance mandatory for a managing director of a GmbH and when is it not.

09.05.2023
Tobias Grambow

New work: Sabbatical as an opportunity for further education, regeneration or travel.

New work: Sabbatical as an opportunity for further education, regeneration or travel. Answers to six common questions which employers ask regarding employee sabbaticals.

02.05.2023
Julia Bruck

Problem identified, but not yet solved: Are more foreign skilled workers coming soon?

Problem identified, but not yet solved: Are more foreign skilled workers coming soon? The new Skilled Immigration Act can only be the beginning. Further steps are essential.

25.04.2023
Jan Tibor Lelley, Dr. Yuanyuan Yin

Social plan: Does reducing severance pay for employees approaching retirement comply with the General Equal Treatment Act?

Social plan: Does reducing severance pay for employees approaching retirement comply with the General Equal Treatment Act? The Nuremberg State Labor Court considers capping lump-sum severance pays at one quarter to be justified.

18.04.2023
Mathias Maria Knorr

Video surveillance: What is possible and what are the legal (data protection) limits?

Video surveillance: What is possible and what are the legal (data protection) limits? Lower Saxony State Labor Court: Termination invalid despite obvious working time fraud.

11.04.2023
Tobias Grambow

Crowdworking update: The European Parliament agrees on position regarding platform work directive.

Crowdworking update: The European Parliament agrees on position regarding platform work directive. New regulations for platform workers fail to understand the needs of entrepreneurs and freelancers.

04.04.2023
Jan Tibor Lelley

Working in the metaverse: What legal issues do virtual and augmented reality create?

Working in the metaverse: What legal issues do virtual and augmented reality create? What employers need to know now about new work with digital twins.

28.03.2023
Albrecht von Wilucki

New work: Desk sharing – essential rules for employers –

New work: Desk sharing – essential rules for employers – Overcome skepticism, ensure co-determination, occupational safety and data protection.

21.03.2023
Martin Hamm

Pflicht, nicht Kür: Compliance-Management-Systeme im Mittelstand.

Mandatory not voluntary: Compliance management systems at mid-sized enterprises. The lack of an internal control system opens up liability risks, even at SMEs.

14.03.2023
Peter Fissenewert

Insults, abuse and spreading a negative atmosphere at the company.

Insults, abuse and spreading a negative atmosphere at the company. 8 practical tips for conflicts with difficult employees and protecting colleagues.

07.03.2023
Klaus Neumann

Corporate Immigration: News zur Entsendung von Mitarbeitern in die USA in H-1B Status.

Corporate Immigration: News on posting employees to USA in H-1B status. The initial registration for the annual H-1B visa lottery for specialty occupations runs from March 1-17.

Hilde Holland
Rechtsanwältin

EU directive for wage transparency: Brussels intends to enforce equal pay for women.

EU directive for wage transparency: Brussels intends to enforce equal pay for women. Employers will be required to disclose gender pay gap information.

21.02.2023
Sabine Feindura

Sensitive subjects and industrial peace: Are there limits to freedom of speech?

Sensitive subjects and industrial peace: Are there limits to freedom of speech? Warning issued to a works council member for distributing flyers – What rules apply to social media?

14.02.2023
Thomas Geißler

When is a termination letter legally signed?

When is a termination letter legally signed? Hamm State Labor Court rules on initials as signature.

07.02.2023
Dennis Gonta

Protecting reputation in the event of whistleblowing by employees.

Protecting reputation in the event of whistleblowing by employees. 7 rules to be prepared for a crisis – Changes resulting from the Whistleblower Protection Act.

31.01.2023
Nina Lüssmann, Volker Perten

Legal framework for wearables: Complete monitoring or useful tools?

Legal framework for wearables: Complete monitoring or useful tools? How to make the introduction of data glasses, smart hands, etc. a win-win situation.

Good things take time? The Whistleblower Protection Act is finally here.

Good things take time? The Whistleblower Protection Act is finally here. No transition period – processing anonymous reports will become mandatory.

17.01.2023
Jan Tibor Lelley

Federal Labor Court: Vacation is only forfeited if the employer informs the employee.

Federal Labor Court: Vacation is only forfeited if the employer informs the employee. No automatic expiry after three years – duty to cooperate even in the event of long-term illness.

10.01.2023
Julia Bruck

ESG Compliance (4): Die Tücken bei der Umsetzung des Lieferkettengesetzes.

ESG Compliance (4): The pitfalls of implementing the Supply Chain Act. The BAFA guidelines and the EU Corporate Sustainability Due Diligence Directive.

03.01.2023
Tobias Grambow

Companies in crisis: Examine reorganization options at an early stage

Companies in crisis: Examine reorganization options at an early stage. StaRUG provides no relief in terms of labor law – short-time working allowance extended.

27.12.2022
Axel Höselbarth / Rechtsanwalt

Liability for damages caused by artificial intelligence: What does HR need to prepare for?

Liability for damages caused by artificial intelligence: What does HR need to prepare for? Drafts of the EU AI Act and AI Liability Directive require an AI risk assessment.

20.12.2022
Michael Eschenbacher

Secondary employment: Answers to 9 frequently asked questions from employers.

Secondary employment: Answers to 9 frequently asked questions from employers. Additional income or voluntary work – rights, obligations and pitfalls for HR.

13.12.2022
Michael Winckler

EU Taxonomie: Wie misst man das „S“ in ESG?

Co-determination in the SE: Case law of the ECJ and planned legislation amendments. Those planning to establish an SE should act quickly.

EU taxonomy: How do you measure the “S” in ESG?

EU taxonomy: How do you measure the “S” in ESG? The Platform on Sustainable Finance presents social taxonomy recommendations.

29.11.2022
Jan Tibor Lelley

ESG Compliance (3): New German Corporate Governance Code goes green.

ESG Compliance (3): New German Corporate Governance Code goes green. 2022 code reform emphasizes importance of transformation towards greater sustainability.

22.11.2022
Peter Fissenewert

Update Aufhebungsvertrag (2): Wie lassen sich Tücken der gütlichen Trennung umgehen?

Termination agreement update (2): Avoiding pitfalls with amicable separation? 12 do’s and don’ts which employers need to know.

15.11.2022
Dr. Markus Dreyer

The holidays are coming: Christmas celebrations seen through the lens of labor law.

The holidays are coming: Christmas celebrations seen through the lens of labor law. 10 questions and sometimes surprising answers about Christmas parties – whether virtual or real-life

08.11.2022
Klaus Neumann

ESG Compliance (2): Sustainable remuneration as a factor for sustainable business.

ESG Compliance (2): Sustainable remuneration as a factor for sustainable business. Which ESG incentive options exist for board members and managing directors?

01.11.2022
Alexander Maximilian Kossakowski

Personnel leasing update: Greater freedom and availability of short-time working benefits.

Personnel leasing update: Greater freedom and availability of short-time working benefits. The Federal Labor Court allows a longer maximum period of temporary employment through collective agreements.

25.10.2022
Mathias Maria Knorr

Corporate influencers: Pitfalls and best practices for employers.

Corporate influencers: Pitfalls and best practices for employers. Important rules for companies which utilize employees as brand ambassadors.

18.10.2022
Dr. Yuanyuan Yin

Termination agreement update (1): What are the limits of the fair negotiation requirement?

Termination agreement update (1): What are the limits of the fair negotiation requirement? The Federal Labor Court clarifies case law regarding the fair negotiation requirement.

11.10.2022
Dr. Markus Dreyer

Post-contractual non-competition clause: BAG decides on compensation for non-competition.

Post-contractual non-competition clause: BAG decides on compensation for non-competition. Employer-friendly ruling regarding restricted stock options.

04.10.2022
Julia Bruck

The SARS-CoV-2 occupational health and safety regulation will come back into force as of October 1.

The SARS-CoV-2 occupational health and safety regulation will come back into force as of October 1. New Federal Labor Court ruling on company hygiene concept.

27.09.2022
Dr. Yuanyuan Yin

Energy crisis and labor law: Seven questions employers are currently asking.

Energy crisis and labor law: Seven questions employers are currently asking. Consequences of the new energy-saving regulations and high costs for electricity and gas.

20.09.2022
Alexander Otto

Whether they have a works council or not: Companies are required to record working hours.

Whether they have a works council or not: Companies are required to systematically record working hours. The Federal Labor Court confirms the time clock ruling of the ECJ.

16.09.2022
Jan Tibor Lelley, Tobias Grambow

Corporate Sustainability Reporting Directive: New reporting obligations for many companies.

Corporate Sustainability Reporting Directive: New reporting obligations for many companies. ESG and labor law (3): HR needs to be prepared for more detailed information requests.

13.09.2022
Felix Hebert

EU Directive on minimum wage and collective bargaining: What lies ahead for employers?

EU Directive on minimum wage and collective bargaining: What lies ahead for employers? Germany fulfills the requirements regarding minimum wages, but not collective wage agreements.

06.09.2022
Jan Tibor Lelley

Pseudo self-employment in healthcare: What clinics and practices need to know.

Pseudo self-employment in healthcare: What clinics and practices need to know. Caution with vacation and sickness cover – status determination procedure can provide protection.

30.08.2022
Dennis Gonta

Green HR: Save taxes with company bikes.

Green HR: Save taxes with company bikes. Company bike can pay off for employers in many ways.

23.08.2022
Alexander Maximilian Kossakowski

Whistleblower protection creates data protection issues.

Whistleblower protection creates data protection issues. Why companies need to take action now – 8 important factors in practice.

16.08.2022
Tobias Grambow, Tobias Vößing

Noch nie war sie attraktiver: Die Mitarbeiterbeteiligung.

Employee participation has never been more attractive. The Future Financing Act provides 3x higher tax allowance.

09.08.2022
Ernst Brückner, Dr. Yuanyuan Yin

The rise of HR technology and artificial intelligence is often seen with skepticism.

The rise of HR technology and artificial intelligence is often seen with skepticism. Rules for fair and trustworthy AI in human resource management.

02.08.2022
Mathias Kühnreich

Vacation forfeited due to long illness: Information obligation only in the first year?

Vacation forfeited due to long illness: Information obligation only in the first year? Ruling from the Hamm State Labor Court on vacation compensation despite inability to work.

26.07.2022
Julia Bruck

Shaping transformation: Layoffs as the last resort.

Shaping transformation: Layoffs as the last resort. Labor Law & Structural Change (7) - Avoiding the pitfalls of mass layoffs.

19.07.2022
Jan Tibor Lelley

Co-determination update: DGB presents proposal for reform of the Works Constitution Act.

Co-determination update: DGB presents proposal for reform of the Works Constitution Act. The aim: More say on more issues. Conversely, employers want speed and future viability.

12.07.2022
Jan Tibor Lelley, Tobias Grambow

Important: Far-reaching changes in the Act on Proof: What applies from August onward?

Important: Far-reaching changes in the Act on Proof: What applies from August onward?

05.07.2022
Dr. Yuanyuan Yin

Endless vacation? Eight to-dos for employers for trust-based leave.

Endless vacation? Eight to-dos for employers for trust-based leave. Greater flexibility and freedom when organizing leave requires a carefully-worded employment contract.

28.06.2022
Julia Bruck

Where-you-want jobs: How much leeway does labor law allow?

Where-you-want jobs: How much leeway does labor law allow? Companies are granting employees greater flexibility – Five dos and don’ts for HR.

21.06.2022
Tanja Radoux

Labor law and structural change (6): Further education instead of a pension bridge.

Labor law and structural change (6): Further education instead of a pension bridge. Innovative ideas for transfer companies as the hub from one job to the next.

14.06.2022
Jan Tibor Lelley

Employee data protection update: From information rights to guidelines regarding fines.

Employee data protection update: From information rights to guidelines regarding fines. Labor courts limit GDPR information rights: The DGB proposes data protection law.

07.06.2022
Jan Tibor Lelley, Tobias Vößing

Cyber security: Intelligence agencies warn of industrial espionage via social media.

Cyber security: Intelligence agencies warn of industrial espionage via social media. Beware of social engineering – cyber criminals use LinkedIn, Twitter and Instagram.

31.05.2022
Jürgen Masling

Works council elections 2022: Determining the elected candidates. Every candidate has to have equal access opportunities.

24.05.2022
Tobias Grambow

Has the time come for salaries to go green?

Has the time come for salaries to go green? ESG criteria now shape remuneration models.

17.05.2022
Thomas Geißler

Veröffentlichung sensibler Daten über Kollegen rechtfertigt fristlose Kündigung.

Disclosing sensitive data concerning colleagues justifies immediate dismissal. Baden-Württemberg State Labor Court confirms immediate dismissal of a works council member for violating data protection regulations.

12.05.2022
Tobias Vößing

Neue Allianzen und Kooperationen für die Transformation.

New alliances and collaborations for transformation. Labor law and structural change (5): Perils in joint ventures and joint enterprises.

10.05.2022
Jan Tibor Lelley

ESG Compliance (1): EU plans stricter due diligence obligations for the supply chain. Implementation of the German Supply Chain Act: keeping an eye on EU legislation.

03.05.2022
Alexander Krol

Global Mobility: The dos and don'ts of mobile work or remote work from abroad.

Global Mobility: The dos and don’ts of mobile work or remote work from abroad. What employers need to know regarding labor law, taxes and social security.

26.04.2022
Mathias Maria Knorr

Structural change and labor law (4): When are voluntary severance programs the right solution?

Structural change and labor law (4): When are voluntary severance programs the right solution? The risks and pitfalls of severance payments and severance agreements for transformation processes.

19.04.2022
Jan Tibor Lelley

Employers as landlords: Employee accommodation is back in fashion.

Employers as landlords: Employee accommodation is back in fashion. 5 essential labor and tax law factors – and a bonus when searching for skilled workers.

12.04.2022
Martin Hamm

Works council election 2022 – Limits to election advertising.

Works council election 2022 – Limits to election advertising. Proposal lists: Are candidates and unions allowed to advertise without restriction?

05.04.2022
Tobias Grambow, Julia Bruck

Termination update: 14 rules employers have to follow.

Termination update: 14 rules employers have to follow. The legally compliant termination of an employment relationship is strictly regulated – Current rulings.

29.03.2022
Julia Bruck

The end of mandatory home office – What changes, what stays the same?

The end of mandatory home office – What changes, what stays the same? From labor law to cyber security – the legal pitfalls of mobile and hybrid working.

24.03.2022
Julia Bruck, Mathias Kühnreich

Berlin Labor Court: Fixed-term employment contract with electronic signature not valid.

Berlin Labor Court: Fixed-term employment contract with electronic signature not valid. Important formal requirements regarding eSignatures – Does the new EU directive offer progress?

22.03.2022
Dr. Andreas Lang

Compliance and recording working time: postponed does not mean canceled.

Compliance and recording working time: postponed does not mean canceled. BMAS postpones digital documentation – however, companies need to remain proactive.

15.03.2022
Tobias Vößing

Agile working as a driver for transformation: Is labor law keeping pace?

Agile working as a driver for transformation: Is labor law keeping pace? Structural change and labor law (3) – Company agreements for an agile mindset.

08.03.2022
Jan Tibor Lelley

Works council elections 2022 – digital, hybrid or analog?

Works council elections 2022 – digital, hybrid or analog? Is it permitted to hold a works council election using voting software?

01.03.2022
Tobias Grambow

Crowdworking – Part 2: The future of work or a precarious new situation?

Crowdworking – Part 2: The future of work or a precarious new situation? The EU aims to strengthen the rights of platform workers.

22.02.2022
Felix Hebert

Crowdworking Teil 1: Essenslieferdienst muss Rad und Smartphone für Kuriere stellen.

Crowdworking – Part 1: Food delivery service must provide couriers with a bike and smartphone. German Federal Labor Court ruling with consequences for the new and old economy – Check compensation agreements.

15.02.2022
Thomas Geißler

Transformation gestalten: Gut geplant, ist halb gewonnen.

Shaping transformation: Proper planning is half the job. Structural transformation and labor law (2) – Company changes and qualification social plans.

08.02.2022
Jan Tibor Lelley

Betriebsratswahlen 2022 - Ende der Amtszeit.

Works council elections 2022 – End of term.
A works council’s term of office generally comes to an end after four years – What exceptions are there?

01.02.2022
Tobias Grambow

Works council elections 2022 – Appointing the election committee.

Works council elections 2022 – Appointing the election committee. The works council is generally responsible – Are there exceptions?

25.01.2022
Tobias Grambow

Grippezeit und Arbeitsrecht: Wissenswertes für Arbeitgeber über Prävention und Arbeitsausfall.

Flu season and labor law: What employers need to know about prevention and absences from work. Regulations and case law concerning flu vaccination, absence cover and sick children.

18.01.2022
Dr. Yuanyuan Yin

Mit Weiterbildung die Transformation anschieben.

Advancing transformation through continuing education. Structural change and labor law (1) – Intelligent concepts for the skills of the future.

11.01.2022
Jan Tibor Lelley

Vacation law: Nine common questions and answers about the best time of the year

Vacation law: Nine common questions and answers about the best time of the year. From minimum vacation leave to sick leave to sabbaticals – what do employers need to know?

04.01.2022
Julia Bruck

Federal Labor Court: Resolution regarding a uniform works council also applies to future elections

Federal Labor Court: Resolution regarding a uniform works council also applies to future elections. Chain store companies, in particular, might consider options for alternative works council structures.

28.12.2021
Tobias Grambow

E-Mobilität im Fuhrpark: Klimaschutz kann sich für Arbeitgeber mehrfach lohnen.

E-mobility in the vehicle fleet: Climate protection can pay off for employers in many ways. Ways to create a CO2-saving company fleet with e-cars, job bikes and mobility budgets.

21.12.2021
Alexander Krol

Cybersecurity und Arbeitsrecht – Die Rolle von HR bei IT-Sicherheit und Geheimnisschutz.

Cybersecurity and labor law – The role of HR in IT security and the protection of confidential information. Employees as firewalls or gateways for hackers: What provisions do employment contracts need to include?

14.12.2021
Klaus Neumann

Auch bei Schnee- und Eiswetter gilt: Ohne Arbeit kein Lohn.

Even during snowy and icy weather: No work, no pay. Interesting facts about travel risks, wages reductions and warnings in the event of delays due to sudden cold.

07.12.2021
Felix Hebert

Federal Labor Court on leave during temporary layoffs: Employers may reduce leave proportionally.

Federal Labor Court on leave during temporary layoffs: Employers may reduce leave proportionally. A landmark ruling with consequences for vacation planning at companies in many sectors from retail to industry.

06.12.2021
Julia Bruck

Was bringt der Ampel-Koalitionsvertrag für Arbeitgeber?

What does the new coalition government agreement have in store for employers?

The new German coalition government intends to make important changes ranging from further education, remote work and the minimum wage, to fixed-term contracts and co-determination.

30.11.2021
Jan Tibor Lelley, Tobias Grambow

Injunctions against the election committee.

Injunctions against the election committee. Safeguarding the right to vote with labor court assistance.

30.11.2021
Tobias Grambow

Working from home – What is changing, what is staying?

Working from home – What is changing, what is staying the same? From labor law to cyber security – the legal pitfalls of mobile and hybrid working.

23.11.2021
Julia Bruck, Mathias Kühnreich

BAG: Lockdown zählt nicht zum Betriebsrisiko des Arbeitgebers.

Federal Labor Court: Lockdown is not regarded as an employer’s operational risk. Federal Labor Court denies wage entitlement in the event of company closure to fight the pandemic.

18.11.2021
Tanja Radoux

Last Christmas – Christmas parties were often canceled: Time for a labor law update in 2021.

Last Christmas – Christmas parties were often canceled: Time for a labor law update in 2021. Ten sometimes surprising rules for Christmas parties – virtual or real.

16.11.2021
Alexander Maximilian Kossakowski

The Supply Chain Act will take effect in 14 months – Everyone, including mid-sized companies, needs to start preparing now!

The Supply Chain Act will take effect in 14 months – Everyone, including mid-sized companies, needs to start preparing now! Seven core elements to consider.

09.11.2021
Alexander Krol

The holidays are coming: Vacation planning for Christmas and New Year.

The holidays are coming: Vacation planning for Christmas and New Year. Christmastime is fast approaching. Answers to 4 common questions regarding vacation planning.

02.11.2021
Julia Bruck

AI in HR management: Which legal boundaries apply for digital colleagues?

AI in HR management: Which legal boundaries apply for digital colleagues? Five measures to avoid the pitfalls for AI in labor law, data protection law and EU law.

26.10.2021
Jan Tibor Lelley

The electoral regulations reform follows the Works Council Modernization Act.

The electoral regulations reform follows the Works Council Modernization Act. Minor changes, but little innovation.

19.10.2021
Tobias Grambow

Distressed M&A: Welche arbeitsrechtlichen Chancen und Risiken birgt der Einstieg von Investoren aus China?

Distressed M&A: What opportunities and risks under labor law are related with the entry of investors from China? More Chinese company acquisitions expected – What SMEs need to know now.

12.10.2021
Jan Tibor Lelley, Dr. Yuanyuan Yin

Compliance: The remuneration of works council members is a minefield.

Compliance: The remuneration of works council members is a minefield. The Braunschweig Regional Court acquits managers of the accusation of breach of trust.

08.10.2021
Jan Tibor Lelley

Management shareholding: The Federal Fiscal Court provides clarification on taxation.

Management shareholding: The Federal Fiscal Court provides clarification on taxation.
Profits from management shareholding programs are regarded as income from capital investments.

05.10.2021
Ernst Brückner

Staff reductions: New study investigates the perspectives of all stakeholders.

Staff reductions: New study investigates the perspectives of all stakeholders. The approach to reducing staff has to match the company.

28.09.2021
Dr. Alexandra Gilde

Contesting the works council election: When have nominations been cast on time?

Contesting the works council election: When have nominations been cast on time?
Federal Labor Court provides clarity in a common dispute.

21.09.2021
Tobias Grambow

VG Koblenz: No entitlement to compensation for employers in the event of quarantine.

VG Koblenz: No entitlement to compensation for employers in the event of quarantine. A two week absence from work is a calculable risk for employers.

14.09.2021
Martin Hamm

International data transfer: do the new, standard EU contract clauses help middle-sized companies?

International data transfer: do the new, standard EU contract clauses help middle-sized companies? The clauses in old contracts must be updated within 18 months.

07.09.2021
Tobias Vößing

EU strategy for occupational safety: Risks from digital and ecological changes on the radar.

EU strategy for occupational safety: Risks from digital and ecological changes on the radar. Social partners should contribute to solutions – Commission learns lessons from the pandemic.

31.08.2021
Jan Tibor Lelley, Yuanyuan Yin

Free data transfer despite Brexit!

Free data transfer despite Brexit! Adequacy decisions from the EU Commission pave the way for the next four years.

24.08.2021
Sabine Feindura

Employer checks private e-mails: does the secrecy of telecommunications apply?

Employer checks private e-mails: does the secrecy of telecommunications apply? According to the Erfurt Regional Court, employers may access their employees’ e-mail by way of exception

17.08.2021
Alexander Maximilian Kossakowski

What comes after mandatory remote work?

What comes after mandatory remote work? The distancing, hygiene, mask and ventilation rules and testing processes remain in place for now. But will employees be required to return to the office?

10.08.2021
Martin Hamm

Burden of proof for overtime – Is the employer’s technical time recording sufficient evidence?

Burden of proof for overtime – Is the employer’s technical time recording sufficient evidence? Lower Saxony State Labor Court: Mandatory time recording has no significance in proving overtime.

03.08.2021
Jürgen Masling

E-mail monitoring: No entitlement to the deletion of employee data at third parties.

E-mail monitoring: No entitlement to the deletion of employee data at third parties. Federal Labor Court approves claim for damages but no rectification of the consequences of violated co-determination.

27.07.2021
Thomas Geißler

The Supply Chain Act is coming – and includes greater participation rights for the economic committee.

The Supply Chain Act is coming – and includes greater participation rights for the economic committee. The change to works constitution law is important for HR practice.

20.07.2021
Jan Tibor Lelley

Adequate data protection for data transfer to non-member countries

Adequate data protection for data transfer to non-member countries. Data protection authorities are monitoring the implementation of the Schrems II judgment from the Court of Justice of the European Union.

13.07.2021
Albrecht von Wilucki, Tobias Vößing

Appointment of the election committee as a stopgap measure due to the pandemic not possible.

Appointment of the election committee as a stopgap measure due to the pandemic not possible. Darmstadt Labor Court rejects request to appoint an election committee.

06.07.2021
Julia Bruck

Immediate dismissal following racist remark.

Immediate dismissal following racist remark. Decision from the Berlin Labor Court from 5 May 2021, Ref.: 55 BV 2053/21.

29.06.2021
Alexander Krol

The German Parliament ratifies the Works Council Modernization Act.

The German Parliament ratifies the Works Council Modernization Act. Employee co-determination rights are strengthened.

22.06.2021
Felix Hebert

Operational change and involvement of the Works Council. Prohibition of an operational change by means of an injunction.

Operational change and involvement of the Works Council. Prohibition of an operational change by means of an injunction.

15.06.2021
Tobias Grambow

Employees cannot sue for operational integration management

Employees cannot sue for operational integration management. State Labor Court Nuremberg: No actionable claim for operational integration management (Ref.: 5 Sa 117/20).

08.06.2021

Furlough/reducing working hours to "zero" (Kurzarbeit “Null”) also reduces vacation entitlement

Furlough/reducing working hours to “zero” (Kurzarbeit “Null”) also reduces vacation entitlement. Judgment of the Regional Labor Court of Düsseldorf dated March 12, 2021 (Ref.: 6 Sa 824/20)

01.06.2021
Sabine Feindura

Money Ball: Corporate investigations can pay off – if you know how

Money Ball: Corporate investigations can pay off – if you know how. German Federal Labor Court decides on cost reimbursement for a corporate investigation

25.05.2021
Jan Tibor Lelley

German Federal Labor Court sets limits on GDPR right to information with regard to work emails.

German Federal Labor Court sets limits on GDPR right to information with regard to work emails. Employees cannot demand copies of all known email correspondence with their employer. If employees wish to receive copies of additional correspondence, they must specify the exact details.

18.05.2021
Albrecht von Wilucki, Tobias Vößing

Employer has to Pay for Overtime Without Active Notice. Judgment of the Labor Court Emden, Ref.: 2 Ca 144/20.

Employer has to Pay for Overtime Without Active Notice. Judgment of the Labor Court Emden, Ref.: 2 Ca 144/20.

11.05.2021
Julia Bruck

Works Council Election Invalid! Reason: Faulty Ballot Paper.

Works Council Election Invalid! Reason: Faulty Ballot Paper. Decision of the German Federal Labor Court, Ref.: 7 ABR 30/19.

04.05.2021
Mathias Kühnreich

Coronavirus Tests at Work. Employers must offer their employees coronavirus tests -however, employees do not have to accept the offered coronavirus tests.

Coronavirus Tests at Work. Employers must offer their employees coronavirus tests -however, employees do not have to accept the offered coronavirus tests.

29.04.2021
Albrecht von Wilucki, Julia Bruck, Tobias Vößing

Whistleblower Protection Act on Home Stretch?

Whistleblower Protection Act on Home Stretch? Planned Whistleblower Protection Act Intended to Offer Whistleblowers More Protection.

27.04.2021
Jan Tibor Lelley

Impossibility of Ongoing Employment Has to be Justified on a Case-by-Case Basis.

Impossibility of Ongoing Employment Has to be Justified on a Case-by-Case Basis. Higher Labor Court of Hesse: Impossibility of ongoing employment not generally justifiable.

20.04.2021
Mathias Kühnreich

CJEU: On-Call Duty May Be Working Time In Individual Cases.

CJEU: On-Call Duty May Be Working Time In Individual Cases. Extent of leisure time restrictions essential.

13.04.2021
Julia Bruck

GDPR Proceedings Against "Deutsche Wohnen" Discontinued. Berlin Regional Court Repeals Fine for Violation of Data Protection.

GDPR Proceedings Against “Deutsche Wohnen” Discontinued. Berlin Regional Court Repeals Fine for Violation of Data Protection.

06.04.2021
Jan Tibor Lelley, Tobias Vößing

Employment Relationship Terminated by Court Order Due to False Allegations in Court Proceedings.

Employment Relationship Terminated by Court Order Due to False Allegations in Court Proceedings. Higher Labor Court of Cologne: Employment relationship terminated. Reason: false statements in dismissal protection proceedings.

German Health and Safety Control Act Enters Into Force.

German Health and Safety Control Act Enters Into Force. German Health and Safety Control Act (“Arbeitsschutzkontrollgesetz”) prohibits the meat industry from hiring contractors on a so-called contract to produce a work (“Werkvertrag”).

23.03.2021
Julia Bruck

Data Protection Within an Organization itself.

Data Protection Within an Organization itself. Data Protection Requirements in Art. 6 and 9 GDPR.

16.03.2021
Tobias Vößing

European Court of Human Rights: Dismissal of Whistleblowers Lawful.

European Court of Human Rights: Dismissal of Whistleblowers Lawful. Whistleblowers must verify the facts they suspect facts before they pass information on to third parties (police, public prosecution office, media).

09.03.2021
Jan Tibor Lelley

Data Loss Prevention Software.

Data Loss Prevention Software. Data Loss Prevention software - a Miracle Data Theft Solution or Just Another Data Protection Headache?

Scope of the Works Council Hearing in the Event of Extraordinary Termination Without Notice.

Scope of the Works Council Hearing in the Event of Extraordinary Termination Without Notice. No duty to inform the works council regarding the observance of the notice notice period or special protection from dismissal.

23.02.2021
Julia Bruck

Caution Regarding Certification of Home Office Days for the Home Office Allowance.

Caution Regarding Certification of Home Office Days for the Home Office Allowance. Employees Working at Home may reduce their Income for Tax Purposes by up to 600 Euros per Year.

16.02.2021
Sabine Feindura

No Access to Workplace Without a Coronavirus Test?

No Access to Workplace Without a Coronavirus Test? According to the Labor Court Offenbach, companies are allowed to deny employees access to the workplace if they refuse to take a coronavirus test.

14.02.2021
Jan Tibor Lelley

GDPR Breach in the Recruiting Process.

GDPR Breach in the Recruiting Process. Regional Court of Darmstadt: Claims for Damages Even Occur in the Case of Abstract Damage.

09.02.2021
Tobias Vößing

Works Council Issued Warning for Violation of Works Constitution Act Obligations.

Works Council Issued Warning for Violation of Works Constitution Act Obligations. Higher Labor Court Baden-Wuerttemberg Confirms possibility of warnings under Works Constitution Act (Ref.: 8 TaBV 3/19).

02.02.2021
Tobias Grambow

Federal Labor Court Strengthens Women's Right to Equal Pay.

Federal Labor Court Strengthens Women’s Right to Equal Pay. Federal Labor Court makes German Transparency in Wage Structures Act more stringent – Lower pay for a woman indicates gender-based discrimination.

27.01.2021
Julia Bruck

Employers are Responsible For Recording Working Hours.

Employers are Responsible For Recording Working Hours. Judgment of Labor Court Emden on February 20, 2020 (Ref.: 2 Ca 94/19).

26.01.2021
Ines Heydasch

Corona and the Obligation to Vaccinate in the Workplace.

Corona and the Obligation to Vaccinate in the Workplace. Are Vaccine Refusers Facing Termination or Unpaid Leave of Absence?

Corona Pandemic: Employer Is Able to Order Wearing of Face Mask

Corona Pandemic: Employer Is Able to Order Wearing of Face Mask. Verdict of the Siegburg Labor Court dated December 16, 2020, Ref.: 4 Ga 18/20.

Excessive Works Council Payments: Volkswagen Manager Suspected of Dishonesty.

Excessive Works Council Payments: Volkswagen Manager Suspected of Dishonesty. Four Volkswagen Managers Must Answer in Court for Excessive Payments to Works Council Members.

19.01.2021
Felix Hebert

Corona – Substantial Expansion of Entitlement to Children's Sick Pay.

Corona – Substantial Expansion of Entitlement to Children’s Sick Pay. The adoption of the temporary new version of Article 45 (2a) of the German Social Security Code V is imminent.

15.01.2021
Julia Bruck

Another Fine for Video Surveillance in the Workplace.

Another Fine for Video Surveillance in the Workplace. The Data Privacy Officer for Lower Saxony imposes a multi-million Euro fine on Notebooksbilliger.de

12.01.2021
Tobias Vößing

Federal Labor Court: Crowdworkers can be Employees

Federal Labor Court: Crowdworkers can be Employees. Federal Labor Court decides on crowdworkers’ employee status for the first time (Ref.: 9 AZR 102/20).

05.01.2021
Julia Bruck

Works Council has no Right of Co-Determination in Union Actions.

Works Council has no Right of Co-Determination in Union Actions. Both employers and works councils are excluded from trade union actions. This is according to a recent decision of the Federal Labor Court (Case No.: 1 ABR 41/18).

29.12.2020
Jan Tibor Lelley

Federal Labor Court: Travel To And From Work Needs To Be Remunerated as Working Hours.

Federal Labor Court: Travel To And From Work Needs To Be Remunerated as Working Hours. Travel Time to the First and From the Last Customer Appointment Must Be Fully Remunerated as Working Hours.

22.12.2020
Julia Bruck

Despite Corona: Works Council Meeting in Person not unlawful.

Despite Corona: Works Council Meeting in Person not unlawful. Resolution of the Berlin-Brandenburg Higher Labor Court: General Works Council Meetings in Person are Permitted.

15.12.2020
Tobias Grambow

Higher Labor Court Dusseldorf: Works Council Dissolved Due to Gross Breach of Duty.

Higher Labor Court Dusseldorf: Works Council Dissolved Due to Gross Breach of Duty. Works Council Dissolved After Boycott of Cooperation.

08.12.2020
Klaus Neumann

CJEU to Decide on Limitation Periods for Entitlement to Paid Leave.

CJEU to Decide on Limitation Periods for Entitlement to Paid Leave. Federal Labor Court Refers Question to the CJEU – Ref.: 9 AZR 266/20 (A).

01.12.2020
Julia Bruck

Application Tools: Works Council Must Be Given Full Access

Application Tools: Works Council Must Be Given Full Access. Higher Labor Court Cologne: Works council has extensive right to information when using an application management tool.

24.11.2020
Felix Hebert

Survey Shows: Companies Are Unhappy With the GDPR

Survey Shows: Companies Are Unhappy With the GDPR. According to a Survey by ZEW, Companies in the German Information Industry Are Unhappy With the New General Data Protection Regulation (GDPR).

17.11.2020
Tobias Vößing

Employers' Representative Does Not Need to Speak German

Employers’ Representative Does Not Need to Speak German. No Obligation for Employers' Representatives to Speak German if Translation is Guaranteed.

Employers Must Actively Protect Their Customer Data.

Employers Must Actively Protect Their Customer Data. Customer data will only be protected by the new German Trade Secrets Protection Act if the employer also protects them.

03.11.2020
Sabine Feindura

Cut-off Date Provisions for Annual Bonuses.

Cut-off Date Provisions for Annual Bonuses. Companies Are Allowed to Link Annual Bonuses to a Cut-off Date.

27.10.2020
Julia Bruck

Representative Body for Severely Disabled Employees Only Responsible For Interests of Severely Disabled Employees

Representative Body for Severely Disabled Employees Only Responsible For Interests of Severely Disabled Employees.

20.10.2020
Julia Bruck

Company Car for Works Council – Violation of Prohibition of Beneficiary Treatment.

Company Car for Works Council – Violation of Prohibition of Beneficiary Treatment. Regional Labor Court Berlin-Brandenburg: Company Car for Works Council Use for Private Purposes May Violate Prohibition of Beneficiary Treatment.

13.10.2020
Tobias Vößing

ECJ: Right to Paid Annual Leave Despite Dismissal

ECJ: Right to Paid Annual Leave Despite Dismissal. Employees Keep Entitlement to Holidays After Unlawful Dismissal and Rehiring.

06.10.2020
Julia Bruck

Home Office – Opportunity or Labor Law Trap?

Home-Office. Opportunity or Labor Law Trap?

29.09.2020
Jan Tibor Lelley, Julia Bruck

Federal Administrative Court: Contents and External Properties of Files are Covered by Trade Secrets.

Federal Administrative Court: Contents and External Properties of Files are Covered by Trade Secrets. The requirement is that these properties must be sufficient to allow conclusions about a trade secret to be drawn.

22.09.2020
Jan Tibor Lelley

High Employment Protection for Data Protection Officers is GDPR-Compliant.

High Employment Protection for Data Protection Officers is GDPR-Compliant. Dismissal of the internal data protection officer is only permissible for good cause.

European Court of Justice Strengthens Protection Against Discrimination in the Workplace.

European Court of Justice Strengthens Protection Against Discrimination in the Workplace. Discrimination also possible without a particular applicant.

08.09.2020
Julia Bruck

Federal Labor Court: Economic Committee's Right to Information Limited - Works Council's Appeal Rejected

Federal Labor Court: Economic Committee’s Right to Information Limited. Works Council's Appeal Rejected.

01.09.2020
Julia Bruck

Right of Co-Determination Regarding Mobile Work

Right of Co-Determination Regarding Mobile Work. The works council has a right of co-determination.

Reduction of Minimum Vacation Entitlement During Short-Time Work

Reduction of Minimum Vacation Entitlement During Short-Time Work. Minimum vacation entitlement is automatically reduced pro rata temporis, according to a recent ECJ ruling.

18.08.2020
Julia Bruck

General Data Protection Regulation (GDPR): Employer Sentenced to Pay Damages for Incomplete Information on personal data.

General Data Protection Regulation (GDPR): Employer Sentenced to Pay Damages for Incomplete Information on personal data. The Labor Court of Dusseldorf Grants Employees Damages Because the Former Employer Violated the GDPR (Ref.: 9 Ca 6557/18)

11.08.2020
Tobias Grambow

Corona Pandemic: Increased Requirements for Standardized Occupational Safety and Health

Corona Pandemic: Increased Requirements for Standardized Occupational Safety and Health. Economic Boosting and Occupational Safety and Health.

04.08.2020
Jan Tibor Lelley, Julia Bruck

European Data Protection Board: Guidelines on invalid Privacy Shield

European Data Protection Board: Guidelines on invalid Privacy Shield

03.08.2020
Julia Bruck, Tobias Vößing

Employment Contracts Limited with Objective Reason

Employment Contracts Limited with Objective Reason. Federal Labor Court Sets Upper Limit for Number and Duration of Repeat Fixed-Term Employment Contracts.

ECJ Overturns Data Transfer Agreement Privacy Shield with United States

ECJ Overturns Data Transfer Agreement Privacy Shield with United States. Data Protection Agreement on the Transfer of Personal Data "Privacy Shield" Between the EU and the United States Fails to Meet the Requirements of the GDPR.

21.07.2020
Tobias Vößing

Employee Evaluation System may Violate GDPR

Employee Evaluation System may Violate GDPR.

14.07.2020
Jan Tibor Lelley

DSGVO Infringements by Companies

GDPR Infringements by Companies. How the Amount of Fines is Calculated.

07.07.2020
Jan Tibor Lelley, Tobias Vößing

EU beschließt Whistleblower-Richtlinien.

EU Passes Directives regarding Whistleblowing. German legislators now have to implement measures to protect whistleblowers - how companies can prepare.

30.06.2020
Klaus Neumann

Arbeitsgericht Lüneburg: Betriebsrat darf Geschenke nicht behalten.

Labor Court of Lüneburg: Works Council not Permitted to keep Gifts.

23.06.2020
Julia Bruck

Personalumsatzstatistik: kein Einsichtsrecht für den Betriebsrat.

Personnel turnover statistics: no right to inspection for the works council. Works council has no right to inspect personnel turnover statistics of companies.

16.06.2020
Jan Tibor Lelley

Managing Director’s Contracts: Choice of Contract Type is Binding

Managing Director’s Contracts: Choice of Contract Type is Binding

09.06.2020
Jan Tibor Lelley, Julia Bruck

Zeiterfassung per Fingerabdruck?

Time Tracking by Means of Fingerprint? Only with Express Consent of the Employee.

No Crash Landing, please The coronavirus pandemic has become the corona crisis.

No Crash Landing, please. Are Remote Offices, short working hours and short-time work only the harbingers of company closures, mass dismissals and social compensation plans?

27.05.2020
Jan Tibor Lelley, Tobias Grambow

Sozialplanabfindung: Wie die Faktoren Alter und Arbeitsmarkt sich auf Abfindungen auswirken.

Compensation under a social plan. How age and labor market factors affect compensations.

14.05.2020
Jan Tibor Lelley

Digital Works Council Meeting in the Corona Crisis

Digital Works Council Meeting in the Corona Crisis. On the capacity of works councils to act in times of a pandemic.

14.05.2020
Jan Tibor Lelley, Julia Bruck

Arbeitsverträge: Background-Checks im Internet erlaubt.

Employment Contracts: Background Checks on the Internet Allowed. LAG Baden-Wuerttemberg (Landesarbeitsgericht, Regional Labor Court): Effective rescission of employment contract due to fraudulent misrepresentation.

14.05.2020
Jan Tibor Lelley

Digitalisierung fordert Arbeitgeber und Betriebsräte.

Digitalization Challenges Employers and Works Councils. Digital concepts have shown us that many things are possible, but not everything is welcome or allowed.

14.05.2020
Jan Tibor Lelley

Bußgeld-Praxis nach DSGVO.

Fines practice according to GDPR. Due to the GDPR, companies are threatened with fines worth millions.

14.05.2020
Jan Tibor Lelley, Tobias Vößing