employment legislation

Crowd Working and the Transparent and Predictable Working Conditions Directive

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 workers including those in casual or short-term employment, on-demand workers, intermittent workers, and voucher-based workers. Genuinely self-employed persons should not …

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Employees Cannot Claim Default Lump Sums for Late Wages

Anyone who fails to pay his debts on time and comes into default of his payment obligations must pay default interest. In addition, the creditor may demand a lump sum for default costs in the amount of EUR 40.00 due to sec. 288 para. 5 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) if the debtor is an entrepreneur. As of the introduction of that regulation by the legislator in 2014, it has been disputed …

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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 government was formed, the Social Democratic Party and its new Secretary of Employment, Hubertus Heil, were able to announce a …

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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 of which schoolgirls, interns and students will also be entitled to statutory protection. The period of protection of mothers after …

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Revisions to the Maternity Protection Act

Recently, the German Federal Cabinet approved a draft law which will amend the Maternity Protection Act (Mutterschutzgesetz). According to the coalition’s plans, the reform will come into force on 1 January 2017. The key changes are: Increase of the period of protection (during which women cannot work) after the birth of a child with disabilities up to 12 weeks; Maternity leave for schoolgirls and students, and during internships; Similar level of protection throughout different professional …

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Reform of the German Parental Allowance and Parental Leave Act

German law allows employees to go on paid parental leave in addition to mandatory paid maternity leave after childbirth. Until now, the German Parental Allowance and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz, BEEG) provided for a parental allowance for a maximum duration of 12 months of paid parental leave (14 months if the other parent decides to go on parental leave as well). The allowance is paid by the state and ranges from EUR 300.00 …

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Details of how Mrs Merkel’s new administration wants to be “Shaping Germany’s Future”

Almost three months after the general election, the biggest political parties CDU/CSU and SPD have agreed to form a joint administration under the lead of Chancellor Angela Merkel.  In a 185-page coalition agreement named “Shaping Germany`s Future”  the parties have specified their plans and contemplated actions in respect of the forthcoming legislative period. In this post we will outline the key points relating to employment and labour issues that might be relevant to your business and …

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