Anti-Tax Avoidance Directive: German Federal Ministry of Finance publishes draft law
On 10 December 2019, the German Federal Ministry of Finance (MoF) published a draft law on the implementation of "Council Directive (EU) 2016/1164 of...
Continued remuneration in case of sickness – single case of incapacity for work
In a decision in late 2019, the German Federal Labor Court (“BAG”) confirmed that the statutory right to continued remuneration in case of sickness is...
Liability privilege – No liability of employer if an employee slips and falls due to black ice on the business premises
An employee who, on his way to work but already on his employer’s premises, slips and falls on such premises due to black ice, has no claim for...
Overtime compensation despite the release from work?
When concluding a termination agreement, a notice of termination or if an employee is released from his working duties within – as consequence of –...
Builder is not liable for the minimum wage
As of August 2014 a statutory minimum wage has come into force in Germany. In article 19 German Minimum Wage Act (Mindestlohngesetz – MiLoG) reference...
Also works councils are obliged to safeguard employee’s data
In its decision dated 9 April 2019 (reference 1 ABR 51/17) the German Federal Labour Court (BAG) has made it clear that also works councils are...
Termination without notice due to a WhatsApp message?
The Berlin District Court’s decision in the matter Renate Künast vs. Facebook shows once more that insults, slander, and defamations are a daily...
Fixed-term employment without objective reasons – previous employment dating back a long time
“How long is very long?” For about one year, this has been the question for every employer wishing to employ a person, who has already worked for such...
Works Council’s Disclosure Rights versus Employee’s Data Protection Rights
If a works council refers to their monitoring activities according to article 80 sec. 1 no. 1 German Works Constitution Act (BetrVG) and demands...