Germany: Employee Rights/ Labour Relations

Germany's healthcare reform introduces a new framework for partial incapacity for work, allowing employees to work reduced hours while recovering from illness. The legislation, effective January 2028, establishes specific requirements for physician certification, employer consent, and the partial performance of work at 25%, 50%, or 75% capacity. Employers must now prepare their processes and organizational structures to handle this significant change in workplace health management.

Germany's coalition government has proposed sweeping reforms to employment law that would fundamentally alter fixed-term contracts, dismissal protections, employee co-determination, and sick leave requirements. The package aims to strengthen Germany's competitive position amid technological change and demographic pressures, offering employers expanded flexibility while maintaining worker protections. These initiatives signal the most significant restructuring of German labor law in years, with implications

A German labor court has ruled that an employee's announcement of family care leave immediately following a separation meeting constituted an abuse of rights, denying special dismissal protection. The decision establishes that when multiple indicators suggest an employee's primary intent is avoiding termination rather than providing genuine care, employers may successfully challenge the protection typically afforded under Germany's Family Care Leave Act.

Betriebsratswahlen 2026 stehen bevor, und Personalabteilungen haben nach Bekanntgabe des Wahlergebnisses nur zwei Wochen Zeit, um mögliche Anfechtungen zu prüfen. Dr. Hagen Köckeritz analysiert kritische Fehlerquellen...

On March 18, 2026, the European Commission published its proposal for an EU-wide legal framework establishing a new form of limited-liability company – the EU Inc.

Rejecting an applicant because she wears a religious headscarf may prove costly for employers. In its decision on January 29, 2026 (8 AZR 49/25), the Federal Labor Court (Bundesarbeitsgericht, "BAG") held that, in such circumstances...

The coalition agreement between the CDU, CSU and SPD stipulates that the EU Pay Transparency Directive (EUPTD) is to be transposed into German law with "minimal bureaucracy" by 7 June 2026.

Germany's Federal Labor Court (Bundesarbeitsgericht (BAG)) recently ruled that there are no rigid limits on the proportionality of the duration of a probationary period for fixed-term employment contracts...

If legal proceedings arise between an employee and employer, there may be a strong temptation to present the facts in a more favorable light than they actually are.