Tag Archive: employment legislation

Update on reforms of the Maternity Protection Act

Following up on one of our blog posts last May, the German Parliament approved reforms of the Maternity Protection Act on 30 March 2017. The reforms are, however, still subject to the approval of the German Federal Council. One of the key changes will be an extension of the scope of protection, as a result …

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Dismissal of Severely Disabled Employees Only Valid After Participation of Representatives

Employees who suffer from a severe disability may no longer have their employment contracts terminated by their employer unless such dismissal proposal saw participation by the Severely Disabled Employees Council. This strengthening of the rights of severely disabled employees became valid on 30 December 2016, as the German Social Security Code IX (SGB IX) saw …

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Remuneration Transparency Act: A look ahead

The coalition committee set the outline for a Remuneration Transparency Act in October 2016, thereby affirming that the current gender pay gap between men and women is no longer acceptable. The Act is planned to come into force in summer 2017. The draft law expressly states that it aims to promote and enforce the equal …

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Exclusion Clauses: “Textual Form” to be Sufficient

Many employees are not adequately informed as to what a requirement for notification in “written form” encompasses. With regard to exclusion clauses, this lack of information can lead to an inability to exercise certain rights. Generally, exclusion clauses in employment contracts include provisions under which claims arising from the employment contract become void if they are …

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Revisions to the Maternity Protection Act

Recently, the German Federal Cabinet approved a draft law which will amend the Maternity Protection Act (Mutterschutzgesetz). According to the coalition’s plans, the reform will come into force on 1 January 2017. The key changes are: Increase of the period of protection (during which women cannot work) after the birth of a child with disabilities …

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Update on Reform Regarding German Labour Leasing Laws

After the original legislative proposal made in November 2015 regarding reforms to the Labour Leasing Laws (please also see our Employment Blog contribution dated 10 December 2015) met massive resistance not only within the government but also by employers’ associations and German scholars and jurisprudence, the German Labour Ministry has now presented an amended legislative …

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Proposed changes to labour leasing laws

Following announcements since the last general elections, a proposal has now been made to amend existing labour leasing laws. A legislative proposal was circulated in November and focuses on the following key aspects: Maximum duration: Temporary work by way of labour leasing shall be limited to a duration of 18 consecutive months with the same …

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Trucks drivers passing through Germany may be subject to statutory minimum wage

The Federal Constitutional Court (Bundesverfassungsgericht) decided on 25 June 2015 (docket number: 1 BvR 555/15) that it is not competent to rule on the applicability of the Minimum Wage Act to transnational carriers. Companies are required to bring this issue before the relevant local courts first before the Constitutional Court may rule on the applicability. …

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Roundup on the New Minimum Wage

Since the nationwide statutory minimum wage of EUR 8.50 per working hour entered into force on January 1, 2015, court cases dealing with minimum wage issues are slowly starting to trickle in. Here we present two new decisions on this topic. The Berlin Labour Court (Arbeitsgericht Berlin, ArbG) recently held that the dismissal of employees …

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There is no way around it

As the nationwide statutory minimum wage of EUR 8.50 has been in force for a good two months now, the first court cases dealing with minimum wage issues start rolling in. According to a recent decision by the Berlin labour court (Arbeitsgericht Berlin, ArbG), additional vacation pay and annual additional payments will not count towards …

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