Compliance

CAN EMPLOYERS CLAIM REIMBURSEMENT OF INVESTIGATION COSTS?

By Dr. Felisa Frey / 24 March 2022 24 March 2022 / burden of proof, Compliance, Damages

The Federal Labour Court (Bundesarbeitsgericht) ruled on 29 April 2021 (docket number: 8 AZR 267/20) that, in principle, the employer may claim reimbursement of required investigation costs from the employee. Subject to reimbursement are necessary costs incurred by the intervention of a specialized law firm if the employer has commissioned it to conduct investigations into …

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Go west – damages for transferring personal employee data to the US?

By Dr. Kai Bodenstedt LL.M. / 20 April 2021 20 April 2021 / Compliance, Data Protection, Model Clauses, Transfer of Employee Data to the US

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 …

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Crowd Working and the Transparent and Predictable Working Conditions Directive

By Rodrigo Weihermann / 3 May 2019 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 …

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Addressing applicants “who are about to graduate”, asking for “very good German and English language skills” as well as a description of being a “young, dynamic company” is in general non-discriminatory

By Thomas Wiedmann / 24 July 2018 11 June 2019 / burden of proof, Compliance, Discrimination, Equal Treatment

On 23 November 2017 the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled in two parallel proceedings, each with the same plaintiff, on compensation claims for an alleged infringement of the principle of non-discrimination under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) on the basis of two job advertisements. The first position required a completed degree, …

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Rail Cartel: Which court is competent for recovery claims against a former manager?

By Thomas Wiedmann / 10 July 2017 11 June 2019 / Compliance, Damages

This is the first case in Germany in which a company has claimed for recovery from a former manager because he (allegedly) was responsible for the company infringing competion law. The decision of the Federal Labour Court (Bundesarbeitsgericht) was thus eagerly awaited. By judgment of 29 June 2017 (docket number 8 AZR 189/15), the Federal Labour Court annulled the former judgment …

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New Act on Remuneration Transparency

By Dr. Bernd Borgmann LL.M. / 13 June 2017 11 June 2019 / burden of proof, Compliance, Discrimination, Equal Treatment, Government/Politics, Legislation, Remuneration, Uncategorized

Following up our blog post from December 19, 2016 where we reported about a legislative proposal to promote equal pay between women and men, the Remuneration Transparency Act has now entered into force. Arguing that women still earn 7 % less than men even if statistics account for women frequently working part-time, less often climbing …

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Background checks aka pre-employment screenings in Germany

By Rodrigo Weihermann / 18 October 2016 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 …

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