Monthly Archive: January 2018

Compensation (severance pay) of director’s pension benefits

By judgment of 23.05.2017 (II ZR 6/16) the Federal Supreme Court (Bundesgerichtshof) has ruled that the prohibition against compensating for pension benefits according to Section 3 German Occupational Pension Act (Betriebsrentengesetz) may be derogated from by mutual consent and, as a result, ongoing pension benefits of a director can be paid out (severance pay). In …

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Reform of the German Maternity Protection Act – What changes?

The new German Maternity Protection Act “Gesetz zur Innovation des Mutterschutzgesetzes (MuSchG)” has come into effect on 1 January 2018. The aim of the new regulation is to ensure a modern and responsible approach to maternity leave. In addition, the legislature aimed at making the Maternity Protection Act more comprehensible and clearer in its structure, …

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Extraordinary termination due to feigning incapacity for work

On 7 July 2017 the State Labour Court in Cologne (docket number 4 Sa 936/16) decided that a strong suspicion that an incapacity for work is feigned, is sufficient to justify a termination for good cause, in the course of a dismissal on grounds of suspicion, even though a certificate of incapacity exists. In general …

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