As part of a judgement dated 25 February 2021 (docket number: 17 Sa 37/20), the Baden-Wuerttemberg Labour Court of Appeals (the second out of three levels of the German labor court system) has clarified the requirements for an entitlement to immaterial damages in cases of a violation of the General Data Protection Regulation (GDPR). Over …
Go west – damages for transferring personal employee data to the US? Read More »
The ongoing quest to combat and prevent the further spread of the SARS-CoV-2 virus is currently impaired by the emergence and propagation of more dangerous virus variants. The Federal Ministry of Labor and Social Affairs (Ministry) has identified frequent testing in occupational environments as a means to prevent the spread of the virus earlier and …
On 1 December 2020, the Federal Labor Court (Bundesarbeitsgericht, BAG, docket number 9 AZR 102/20) ruled for the first time on the status of crowdworkers and held that crowdworkers can also be employees. The court thus ruled differently from the lower court (Regional Labour Court of Munich on 4 December 2019, docket number: 8 Sa …
The German administration no longer plans to implement “days of rest” over the Easter Break. The proposal was withdrawn shortly after it was announced due to legal and factual problems relating to the implementation of such days of rest. Chancellor Angela Merkel apologized to the German public for the confusion caused by the announcement. Both …
The joint video conference of chancellor Angela Merkel and the ministers for the German states resulted in a resolution (“Resolution”) which, at least in part, will need to be implemented by further legislative action at both state and federal level. For employers, the following issues are of relevance: May I open my business and have …
The Covid-19 Resolution of 22 March 2021 and its implications for employers Read More »
Recently, the first so-called social partner model (“Sozialpartnermodell”) was presented in Germany. The model was initiated by a cooperation of two large insurance companies and was realised with the involvement of a large German trade union. Social partner models have their origins in a major reform of occupational pension law in 2018. They enable – …
Occupational Pensions: Launch of first so-called social partner model Read More »
By judgment of 9 March 2021 (docket number: C-580/19) the European Court of Justice (ECJ) has ruled that periods of stand-by time, in their entirety, are considered as “working time” where the constraints imposed on the employees during those periods objectively and very significantly affect their ability freely to manage the time during which their …
By judgment of 23 February 2021 (docket number: B 12 KR 32/19 R) the Federal Social Court (Bundessozialgericht) has ruled that benefits from a Swiss pension fund are subject to contributions in the German statutory health insurance and social care insurance if they are comparable to either a German state pension or a German occupational …
By judgment of 26 January 2021 (docket number: 3 AZR 878/16, 3 AZR 878/17) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that the acquirer of an insolvent company is only liable for vested entitlements and claims to occupational pension that had been earned after the opening of insolvency proceedings. He is not liable …
By judgment of 8 December 2020 (docket number: 3 AZR 64/19) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that an increase in pension accruals (as a result of statutory changes in accounting law) does not justify a benefit-reducing adjustment of the pension commitment. Facts: The plaintiff (widow of a former employee) received a …
If a woman’s pay is lower than the comparative pay of her male colleagues, there is a rebuttable presumption of discrimination due to gender. The Problem According to the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz), discrimination on the basis of certain characteristics is unlawful. However, it is often impossible for the person discriminated against to …
Presumption of Discrimination due to Gender in Equal Pay Claims Read More »
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. …
SARS-CoV-2 Occupational Health and Safety Ordinance Read More »
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 …
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 …
Occupational Pensions: Continuing liability for pension obligations after spin-off Read More »
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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