Category Archive: Legislation

Change of case law for time limit contracts – Time limit without reason in case of previous employment always inadmissible

  I. General Problems of time limit contracts The agreement on a time limit for the employment contract often leads to problems in practical use. Caution is, however, required, since a fixed term is only permitted under special statutory conditions. If these reasons are not available and nevertheless a – impermissible – time limit is …

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Commission adopts proposals for a European Labour Authority

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. …

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Return from part-time to full time employment – new legislative initiative planned to become effective in 2019

Not long ago, the former German government failed to implement a right to return from part-time to full-time employment for employees. In May 2017, former German Secretary of Employment, Andrea Nahles, had to admit that her party’s plan to strengthen employee rights had not been implemented. Just recently, the tide has turned: After the new …

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Employment Law in the New Coalition Agreement – What plans does the new German Government have?

Finally, Germany gets a new government – that is sure since the membership decision of the Social Democrats (SPD) ended successfully. Already on 7th February, the SPD and the Christian Democrats (CDU) had agreed on a coalition agreement in which they plan important projects for the next four years. Of course, this 179-page contract also …

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Hurdles at the temporal limits of work contracts – When is a fixed-term contract valid?

In practice, fixed-term contracts lead to practical problems in a large number of cases. On the one hand, this is because they demand a variety of formalities (see our article from July 24 ). On the other hand, however, it is even more difficult to determine whether it is possible to limit the work contract …

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New Act on Remuneration Transparency

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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New legislation on Act on Part-Time Work and Fixed-Term Employment postponed

In the course of assembling a parliamentary majority after the 2013 federal elections in Germany, the CDU and SPD parties agreed in their coalition agreement on adopting legislation on increasing flexibility for employees. One of the proposals provides for the employee’s right to return to full-time work after a fixed period of part-time work. As …

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Update on reforms of the Maternity Protection Act

Following up on one of our blog posts last May, the German Parliament approved reforms of the Maternity Protection Act on 30 March 2017. The reforms are, however, still subject to the approval of the German Federal Council. One of the key changes will be an extension of the scope of protection, as a result …

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Revision of the Law on Temporary Work from 1 April 2017

The German Parliament (Bundestag), with the approval of the Federal Council (Bundesrat), has passed amendments to the “Law on Temporary Work”. The new rules will enter into force on 1 April 2017 and do not only have impact on leasing personnel but also on work and service contracts. The key changes introduced by the reform …

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Remuneration Transparency Act: A look ahead

The coalition committee set the outline for a Remuneration Transparency Act in October 2016, thereby affirming that the current gender pay gap between men and women is no longer acceptable. The Act is planned to come into force in summer 2017. The draft law expressly states that it aims to promote and enforce the equal …

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