Employment Germany

Rodrigo Weihermann

Crowd Working and the Transparent and Predictable Working Conditions Directive

By / 11 June 2019 / Compliance, Independent contractor, Legislation

On 16 April the European Parliament voted to approve the Transparent and Predictable Working Conditions Directive, which is aimed at strengthening the rights of workers and improving working conditions by promoting more transparent and predictable employment whilst ensuring labour market adaptability. The Directive applies in particular to platform workers (aka crowd workers), but also covers …

Crowd Working and the Transparent and Predictable Working Conditions Directive Read More »

Occupational health and safety standards as a limit to the employer’s right to issue instructions

By / 11 June 2019 / burden of proof, Change of job position, Conduct Related Dismissal, Dismissal, Health, instructions

The allocation of a job which does not meet the requirements of Sec. 618 para. 1 German Civil Code (Bürgerliches Gesetzbuch, BGB) in conjunction with the public occupational health and safety standards may nevertheless correspond to the employer’s equitable discretion if it concerns only minor or short-term infringements which cannot cause lasting damage. This is …

Occupational health and safety standards as a limit to the employer’s right to issue instructions Read More »

Good news for parents? – Interpretation of social plan severance provisions

By / 11 June 2019 / Discrimination, Equal Treatment, Parental Leave, Part-Time Work, Remuneration, Uncategorized

If, in a social compensation plan, the severance payment calculation is based solely on the gross monthly basic salary of a single reference month, the decisive salary of employees who work part-time in that month during their parental leave, is the gross monthly basic salary which they would have been entitled to under their employment …

Good news for parents? – Interpretation of social plan severance provisions Read More »

Commission adopts proposals for a European Labour Authority

By / 11 June 2019 / Government/Politics, Legislation, Social Security

The European Commission is taking more concrete new initiatives to further deliver on the European Pillar of Social Rights. More specifically, the Commission has presented its proposal for a European Labour Authority, as announced by President Juncker in 2017, as well as an initiative to ensure access to social protection for all workers and self-employed. …

Commission adopts proposals for a European Labour Authority Read More »

The Federal Constitutional Court reviews strike ban for civil servants

By / 11 June 2019 / Government/Politics, Strike, Uncategorized

The Federal Constitutional Court (Bundesverfassungsgericht) is currently dealing with four constitutional complaints by teachers who had been punished for participating in protests and warning strikes. A judgment is expected in several months (docket numbers: 2 BvR 1738/12, 2 BvR 1395/13, 2 BvR 1068/14, 2 BvR 646/15). Under current German law, civil servants are not allowed …

The Federal Constitutional Court reviews strike ban for civil servants Read More »

Are workers in minor employment entitled to occupational pensions?

By / 11 June 2019 / Benefits, Equal Treatment, Pension

In an interesting appeal to the Federal Labour Court (docket number 3 AZR 83/16) the services trade union ver.di had been called upon by a female employee – who had originally been employed by the union Deutsche Postgewerkschaft since 1991 and had been working for the defendant since its merger with ver.di in 2001 – …

Are workers in minor employment entitled to occupational pensions? Read More »

Restructuring of a business in Germany – an overview

By / 11 June 2019 / Employee Participation, Termination

Where restructuring measures comprising collective redundancies become necessary, the employer must fulfil a number of legal requirements to successfully implement such measures. While it is sometimes tempting to implement the necessary restructuring in a way that ignores the various legal requirements (e.g. co-determination of the works council etc.), there are only exceptional situations in which …

Restructuring of a business in Germany – an overview Read More »

German Employee Boardroom Participation under European Scrutiny

By / 11 June 2019 / Employee Participation

On 4 May 2017, the Advocate General delivered his Opinion in the case of TUI/Erzberger (docket number: C-566/15) in front of the ECJ and found that the German provisions on employee participation do not violate European law. He has now been confirmed by the ECJ on 18 July 2017. The Higher Regional Court Berlin (Kammergericht …

German Employee Boardroom Participation under European Scrutiny Read More »

Dismissal Protection Act not applicable to managing directors despite employee status

By / 11 June 2019 / Dismissal, Employment contract, Executives, Termination, Uncategorized

While recent EU law developments on the potential employee status of managing directors (cf. ECJ, June 9, 2015, docket no. C-229/14 – Balkaya) and decisions of the German Federal Labour Court regarding the procedural issue of giving managing directors access to the Labour Courts under certain circumstances have somewhat blurred the dividing lines between managing …

Dismissal Protection Act not applicable to managing directors despite employee status Read More »

Background checks aka pre-employment screenings in Germany

By / 11 June 2019 / Compliance, Data Protection, Uncategorized

Many companies refuse to settle for the information provided by the applicant on job applications and in personal interviews. So-called background checks (also known as “pre-employment screenings”) therefore enjoy great popularity among employers in the US and the UK as a measure to investigate the potential employee’s background. This screening may be conducted by the …

Background checks aka pre-employment screenings in Germany Read More »

Social Media in the employment context and the new EU General Data Protection Regulation (GDPR)

By / 11 June 2019 / Compliance, Data Protection

Sharing personal and work-related information on social media sites has become a prevalent practice for many employees nowadays. Likewise, social media is also used by employers as a platform to connect with the public (e.g. for employer branding and in recruitment) and to communicate within the workforce. However, both sides should be aware that the …

Social Media in the employment context and the new EU General Data Protection Regulation (GDPR) Read More »

Employee data protection – an increasingly onerous task?

By / 11 June 2019 / Data Protection

In Brussels, the EU Commission, the Council and the Parliament are currently negotiating the final version of the General Data Protection Regulation (GDPR) in what is known as the trilogue discussions. Whilst there are still considerable differences between the three drafts in play one thing is sure: together with the individual fines, reputational implications for …

Employee data protection – an increasingly onerous task? Read More »

Linkedin Twitter Facebook Instagram Youtube Weixin Xing

© 2019 DLA Piper. DLA Piper is a global law firm operating through various separate and distinct legal entities. For further information about these entities and DLA Piper's structure, please refer to the Legal Notices page. All rights reserved. Attorney advertising.