Pascal Kremp LL.M.

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

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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Works council meetings by video or phone conference?

On April 08, 2020, the Federal Government adopted changes regarding co-determination at company level. According to the government draft, the possibilities for the works councils to pass resolutions will be extended and the ability of the staff representatives to act will be ensured. The  planned revision of the Works Council Constitution Act (BetrVG) allows staff …

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The sweet sorrow of parting – 3 year long termination notice period puts employee at disadvantage

German employment law allows the parties to an employment contract to agree a specific notice period in derogation from the statutory standard period as set out in § 622 para. 1 German Civil Code (Bürgerliches Gesetzbuch, BGB), as long as the notice period for an employee does not exceed the notice period for the employer. However, the …

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Act on Uniformity of Collective Agreements (Tarifeinheitsgesetz) in most parts compatible with the German Constitution (Grundgesetz, GG)

The constitutionality of the Act on Uniformity of Collective Agreements has been a widely debated issue since it came into force in July 2015. Just recently – on 11 July 2017 – the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) confirmed that the provisions of this Act are compatible with the German Constitution for the most …

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Sick is sick

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 2 November 2016 (docket number: 10 AZR 596/15) that an employee who is incapable of work for health reasons does not need to come into the office for a personnel meeting requested by the employer. In this case the employer called the sick employee into the office twice …

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