Name: Johannes Wolz LL.M.
Date registered: December 23, 2013
Terminations with changes to terms of employment (Änderungskündigungen) are redundancies in terms of sec. 17 of the German Dismissal Protection Act (Kündigungsschutzgesetz, KSchG) and may require the prior notification of the Employment Agency (Bundesagentur für Arbeit) according to a judgment of the Federal Labour Court (Bundesarbeitsgericht, BAG) dated February 20, 2014 (docket number: 2 AZR …
The mere fact that there is an age difference between two job applicants who were treated differently does not necessarily indicate age discrimination. For there to be an indication of discrimination, the two applicants must have comparable qualifications. A job applicant, who clearly only applied for a position with the intention of claiming damages for …
New international banking standards (Basel III / CRD IV) came into effect in Germany and across Europe on January 1, 2014. Whilst most of the new rules relate to banking supervision, there are some important employment law implications, in particular a new Remuneration Ordinance relating to the remuneration of employees and managers of financial institutions …
As of January 1, 2014, the variable compensation of employees and managers of financial institutions in Germany generally cannot exceed 100 % of base salary according to the new Section 25a of the German Banking Act (Kreditwesengesetz/ KWG). The German Federal Financial Supervisory Authority (BaFin) reviewed bonus practices at 14 financial institutions in 2013 (before …
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