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 …
The problem Bad handwriting – a problem that is of little importance in times of computers, smartphones, etc. However letters of dismissal may not be sent via mail but have to be signed by hand; therefore even in our modern times, bad handwriting can affect the invalidity of a such a notice and thus lead …
From January 2019, employees will now generally need to carry an A1 form whenever they are normally working in, or posted to, other EEA countries in order to avoid liability for social security contributions and potential fines. In general, an employee pays social security contributions to the country they are working in. However, employees from …
A1-form required for business trips abroad – significant fines may apply Read More »
If a post-contractual non-compete obligation is invalid and therefore non-binding, a penalty clause intended to protect this clause is unenforceable (judgment of the Solingen labour court dated 20 June 2017, docket number 3 Ca 153/17). The employee worked for a travel agent and had mainly sold cruises. The employee’s contract included a post-contractual non-compete obligation …
Penalty clause unenforceable where non-compete obligation is invalid Read More »
German law allows a short notice period of two weeks during a probationary period, which can be agreed for up to six months. However, if the employment contract generally provides for a longer notice period, without making clear that this longer notice period only applies after the end of the probationary period, that longer notice …
Shortened notice period during probationary period requires clear language Read More »
Even if an employment contract invalidly provides for a notice period of two days and the employer subsequently issues a termination with a two-day notice period, this will not render a termination null and void. The Hamm Higher Regional Labour Court (Landesarbeitsgericht, LAG) was called to rule on the validity of a termination in the …
Too short a notice period will not render a termination null and void Read More »
As March 31 is a key date for the expiry of holiday entitlement in Germany, we want to provide you with a short update regarding holiday entitlements under German law. Pursuant to the Federal Vacation Act (Bundesurlaubsgesetz, BUrlG) every employee is entitled to a minimum of 24 paid days of vacation based on a 6 …
Use it or lose it? Can employees carry over vacation beyond March 31? Read More »
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