Employment Germany

SARS-CoV-2 Occupational Health and Safety Ordinance

By / 22 January 2021 / Covid-19

In light of the continuously tense situation in the health care system due to the Covid-19 pandemic and steadily high infection figures, the Federal Ministry of Labor and Social Affairs has issued an ordinance on occupational health and safety (“SARS-CoV-2 Arbeitsschutzverordnung“, SARS-CoV-2 Occupational Health and Safety Ordinance) which will become effective on 27 January 2021. …

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Occupational Pensions: Principle of equal treatment does not apply to pension commitments for managing directors

By / 13 January 2021 / Benefits, Equal Treatment, Managing Director, Pension

By judgment of 25 November 2020 (docket number: 7 U 1297/20) the Munich Higher Regional Court [Oberlandesgericht München] has ruled that a managing director of a limited liability company [GmbH] cannot invoke the principle of equal treatment under labour law [arbeitsrechtlicher Gleichbehandlungsgrundsatz] if other managing directors have received a better pension commitment. The principle of …

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Occupational Pensions: Continuing liability for pension obligations after spin-off

By / 8 January 2021 / Benefits, Pension

By judgment of 22 September 2020 (docket number: 3 AZR 304/18) the German Federal Labor Court [Bundesarbeitsgericht – BAG] has ruled that the subsequent liability of a company involved in a spin-off according to the German Transformation Act [Abspaltung gemäß Umwandlungsgesetz]) with regard to pension liabilities also applies towards the German Statutory Insolvency Protection Fund …

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Occupational Pensions: European Court of Justice strengthens claims of pensioners in case of insolvency

By / 24 November 2020 / Benefits, Pension

By judgment of 9 September 2020 (docket number: ECLI:EU:C:2020:682; Joined Cases C-674/18 and C-675/18) the European Court of Justice has ruled that the settled case law of the German Federal Labour Court on the limited liability of the acquirer for pension entitlements in the event of insolvency does not apply without restriction. It is only …

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Covid-19: Restrictions on travel to Germany

By / 10 November 2020 / Covid-19

In light of current Covid-19 developments, restrictions on travel to Germany are constantly changing. If the traveller is not able to produce the required documentation, there is a risk that either the airline or the border authority of the Schengen State of first entry, or the German Federal Police, may deny entry to Germany. In …

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Occupational Pensions: Exclusion of survivor’s pension in case of marriage after early retirement

By / 10 August 2020 / Benefits, Discrimination, Pension

By judgment of 3 June 2020 (docket number: 3 AZR 226/19) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that the exclusion of a survivor’s pension is justified if the pension plan provides for full pension benefits in the event of early retirement on reaching the age of 50 and if the marriage was …

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Occupational Pensions: New law introduces insolvency protection for pension benefits granted via pension insurance funds (“Pensionskasse”)

By / 6 August 2020 / Benefits, Pension

According to a new law (“Siebtes Gesetz zur Änderung des Vierten Buches Sozialgesetzbuch und anderer Gesetze“, BGBl. 2020 I S. 1248 [1271]) pension benefits granted through a so-called pension insurance fund (“Pensionskasse”) will in future be protected against the insolvency of the employer. German occupational pension law stipulates that pension commitments can be granted not …

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Annual Leave: Does the law require employers to remind sick employees to take vacation?

By / 17 July 2020 / Health, Holidays, Sickness, Vacation

On 7 June 2020, the German Federal Labor Court (FLC) (docket number 9 AZR 401/19) referred a question regarding the compatibility of the expiry of vacation entitlements with EU law to the European Court of Justice (ECJ) for preliminary ruling. This is likely to eliminate remaining legal uncertainties in relation to permanently sick employee’s vacation …

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Occupational Pensions: No liability of the employer for a reduction of benefits by an external pension carrier before the pension benefits fall due

By / 16 July 2020 / Benefits, Pension

By judgment of 12 May 2020 (docket number: 3 AZR 157/19) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that the employer’s liability for pension benefits based on pension commitments under the involvement of an external pension carrier pursuant to Section 1 Paragraph 1 Sentence 3 of the German Company Pensions Act (BetrAVG) only …

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Private use of internet and e-mail during working hours – Termination without notice due to “working time fraud”

By / 30 June 2020 / Dismissal

The private use of internet and e-mail despite a corresponding prohibition during working hours on company devices can justify termination without notice under German labour law the Higher Regional Labour Court of Cologne ruled on 7 February 2020 (docket number: 4 Sa 329/19). The case An employee of a company had written several e-mails and …

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The new Corona Warning App and its legal implications for employment law

By / 18 June 2020 / Covid-19

The new Corona Warning App launched in Germany on Tuesday June 16th , 2020 and had already been downloaded nearly 6,5 million times as of the next morning. How does the App work? According to the information released by the German government, the app uses Bluetooth technology to measure the distance and duration of encounters …

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Planned Novelties in Employment and Social Law through German “Social Pact II”

By / 12 May 2020 / Covid-19, Government/Politics, Legislation

The CDU/CSU and SPD parliamentary groups have introduced a new package of laws into the German Bundestag containing important labour and social regulations, which will be passed in the near future. This package again contains numerous changes in labour and social law. Further measures are to be taken to cushion the economic and social hardships …

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New legislation during the pandemic: Online court hearings at labour and social courts

By / 8 May 2020 / Business trips, Covid-19, Legislation

At the moment, hearings at the labour and social courts are largely suspended. This is problematic in so far as it mostly concerns existential questions such as the existence of an employment relationship or a claim for wage payment as well as collective issues. These questions require a quick decision. Particularly in proceedings for protection …

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Which measures for occupational health and safety are required in the current situation?

By / 23 April 2020 / Business trips, Covid-19, Employee Participation, Health, Working time

Whereas it has previously been necessary to fall back on general principles when planning occupational health and safety measures, Federal Minister of Labour, Mr Heil has now specified these in more detail on 16 April 2020 and has thus established guidelines for (physical) cooperation. The requirements set out here must already be complied with by …

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Covid-19: Temporary changes to maximum working hours for certain industries

By / 16 April 2020 / Working time

Following an amendment of the Working Time Act as of March 28, 2020, the Federal Ministry of Labour and Social Affairs issued a Working Hours Ordinance, which from April 10, 2020 onwards allows exceptions to the provisions of the Working Hours Act only for certain activities and only for a limited period until  June 30, …

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