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Searching Content indexed under Employment and HR by Heuking Kuehn Lueer Wojtek PartGmbB ordered by Published Date Descending.
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1
Labour and Employment Comparative Guide
Labour and Employment Comparative Guide for the jurisdiction of Germany, check out our comparative guides section to compare across multiple countries
Germany
 
11 Sep 2019
2
Works Council's Right To Information In Relation To Sensitive Personal Employee Data
In its decision of 9 April 2019 (ref. no.: 1 ABR 51/17), the German Federal Labor Court (BAG) took position on the right of the works council to request information from the employer according to
Germany
10 Sep 2019
3
Exclusion Of Fixed-Term Employees From A Remuneration Supplementation Violates EU Law
The prohibition of discrimination against fixed-term employees has already been the subject of a large number of decisions by both the ECJ and the BAG [German Federal Labor Court
Germany
5 Sep 2019
4
Lump Sum Remuneration For Overtime Based On A (General) Works Agreement
The plaintiff is a union secretary at the ver.di trade union.
Germany
5 Sep 2019
6
Caution Required For Employers: No Expiry Of Unreduced Vacation Entitlements During Parental Leave
The employer may reduce the vacation entitlement of a worker on parental leave by one twelfth for each full calendar month.
Germany
5 Sep 2019
7
Enhanced Vacation Entitlement On Grounds Of Age Violates The Prohibition Of Discrimination Of The German General Act On Equal Treatment (AGG)
An enhanced vacation entitlement on grounds of age where employees who have not yet reached the age of 50 are granted at least three days less
Germany
27 Aug 2019
8
Surviving Dependants' Pensions – So-Called Late Marriage Clauses May Be Discriminating, Depending On Their Design
So-called "late marriage clauses" in surviving dependants' pension commitments may constitute an unjustified age discrimination and can therefore be ineffective
Germany
15 Aug 2019
9
Transfer To An In-House "Job Service And Placement" Unit May Be Subject To Prior Approval
The transfer of an employee after the loss of job to the care of an in-house "Job Service and Placement" unit constitutes a transfer requiring consent within the meaning of Sec. 99 para. 1 BetrVG
Germany
14 Aug 2019
10
Forfeiture Of Vacation Entitlements - Part II
In our newsletter article of March 2019, which was only based on press release No. 9/19 of the BAG [German Federal Labor Court] regarding the judgment of Feb. 19, 2019 - 9 AZR 541/15
Germany
14 Aug 2019
11
Insolvency Law Rank Of A Severance Payment Claim Pursuant To Sec. 9, 10 German Protection Against Dismissal Act (KSchG)
A severance payment awarded by dissolution proceedings may either be an insolvency claim or insolvency asset liability. The time the dissolution petition was made is decisive.
Germany
14 Aug 2019
12
Directive On Transparent And Predictable Working Conditions In The European Union
On 16 April 2019, the European Parliament adopted a new Directive aimed at ensuring transparent and reliable working conditions for employees in the area of crowdworking.
European Union
15 Jul 2019
13
The New German Skilled Worker Immigration Act (Fachkräfteeinwandungsgesetz; FEG)
In order to make Germany more appealing to skilled international workers and meet the increasing demand for skilled workers by way of labor-based migration, the German Parliament (Bundestag) adopted...
Germany
15 Jul 2019
14
Employers Must Also Draw Attention To Claims For Remaining Vacation Days From Previous Calendar Years
German State Labor Court (Landesarbeitsgericht; LAG) of Cologne, decision dated April 9, 2019 – 4 Sa 242/18
Germany
15 Jul 2019
15
German Federal Labor Court: Orientation Internship Of Up To Three Months Without Minimum Wage May Be Completed During Different Periods
The plaintiff and the defendant, who operates a horse-riding facility, agreed on a three-month internship for career orientation (professional horse farmer; Pferdewirt).
Germany
12 Jul 2019
16
Employee's Right Of Information And Disclosure Of Their Recorded Personal Information
State Labor Court (Landesarbeitsgericht; LAG) Baden-Württemberg dated December 20, 2018 - 17 Sa 11/18
Germany
12 Jul 2019
17
Survivors' Benefits - Minimum Duration Of Marriage
A clause in a preworded pension commitment stipulating a minimum of ten years of marriage as per the date of death as a prerequisite for the disbursement of survivors' benefits violates German general terms and conditions...
Germany
10 Jul 2019
18
European Whistleblowing Directive Will Be Effective As Of April 2019
At European and national level, discussions have been going on for years on how best to protect the so-called whistleblowers from being victims of retaliation measures by those whose actions
Germany
26 Jun 2019
19
No Statutory Leave Entitlement For Unpaid Special Leave
The FOPH has changed its previous case law on the accrual of the statutory leave entitlement in the granting of unpaid special leave. An employee who is continuously on unpaid special leave
Germany
26 Jun 2019
20
Unfounded Fixed Term ("Previous Employment")
The unfounded limitation of the term of an employment contract, when an employee is employed again by the same employer, is only permissible when and if the application
Germany
26 Jun 2019
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