In one of its latest rulings, the Regional Labor Court of Munich concluded that crowdworkers or microtaskers are not employees under German employment law. However, the Court has allowed an appeal to the Federal Labor Court....more
At start-up, young technology companies focus entirely on their products, want to pitch and bring VC investors on board. Every euro in the budget counts, personnel is often limited, and legal advice seems expensive. For these...more
12/6/2019
/ Corporate Structures ,
Emerging Growth Companies ,
Employment Contract ,
Employment Discrimination ,
Fixed-Term Labor Contracts ,
Freelance Workers ,
Germany ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Shareholders ,
Social Security ,
Startups ,
Venture Capital
In Germany, fixed-term employment is strictly regulated: As a rule, fixed-term requires objective grounds that justify the limited term. ...more
German employment law provides for rather strong dismissal protection. This is the main reason why more and more employers are hiring employees on a fixed-term basis, since this will in most cases end employment legally...more
The status of a managing director (Geschäftsführer) of a German limited liability company (GmbH) is determined (i) by the appointment as managing director and, thus, the corporate office as a legal representative of the...more
Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees.
This is especially true...more
7/31/2019
/ Employee Rights ,
Employment Tax ,
Fixed-Term Labor Contracts ,
Germany ,
Holiday Pay ,
International Labor Laws ,
Labor Regulations ,
Maternity Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Part-Time Employees ,
Remuneration ,
Sick Leave ,
Trade Unions ,
Wage and Hour
On January 1, 2019, new employee entitlements to a temporary reduction in working time will come into force in Germany. We answer the 10 most important questions employers have....more
Introduction - The German Federal Vacation Act (Bundesurlaubsgesetz) provides that vacation has to be approved and taken in the current calendar year. The employee is meant to actually take the vacation and enjoy a rest....more
Undoubtedly driven by an interest in drawing UK-based banks to Frankfurt and becoming an EU hub for US banks post-Brexit, the German government recently picked up a proposal to relax dismissal protection for high-earning...more
Seit Inkrafttreten des Mindestlohngesetzes (MiLoG) am 01.01.2015 stellt sich die Frage, ob Ausschlussklauseln in Arbeitsverträgen Ansprüche auf den Mindestlohn ausdrücklich ausnehmen müssen....more
The German Federal Labor Court (judgment of March 20, 2018 – 1 ABR 15/17) has recently clarified a matter of considerable practical relevance for U.S. companies offering stock options to employees of their Germany-based...more
A recent ruling of the Federal Labor Court will invalidate thousands of forfeiture clauses in employment contracts in Germany. Companies need to review and revise their standard employment contracts now and explore options to...more
Due to increased awareness and reporting triggered by the international #metoo discussion, besides taking preventive measures, it is crucial for companies with employees in Germany to know what internal actions to take in the...more
Germany’s Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) has ruled that there must be the option of registering a gender that is neither male nor female on birth certificates. The introduction of a third...more
In practice, managing directors (Geschäftsführer) frequently try to attack the validity of a dismissal and bring unfair dismissal claims. In a recent decision, the Federal Labor Court (Bundesarbeitsgericht) has again rejected...more
German employment law provides for a good level of employee protection, for example in case of termination of employment. Being familiar with some basic principles of German employment law can help Chinese investors avoid...more
6/27/2018
/ China ,
Collective Bargaining ,
Contract Terms ,
Cross-Border Transactions ,
Employee Handbooks ,
Employee Retention ,
Employment Contract ,
Foreign Investment ,
Germany ,
Hiring & Firing ,
Redundancy Dismissals ,
Termination
Every Chinese investor not only needs to be aware of cultural differences when considering investing in Germany, but also has to have a basic understanding of legal issues.
German employment law provides for a good level...more
Germany’s Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) has overturned the controversial case law of the Federal Labour Court (Bundesarbeitsgericht – BAG) on fixed-term contracts. ...more
According to a survey by a national German newspaper, a large proportion of German whistleblowers are facing labor law and even health problems in connection with whistleblowing. 13 out of 20 whistleblowers subsequently lost...more
(No) Issue in Germany? -
The ongoing #metoo discussion certainly has arrived in Germany. However, so far, sexual harassment and misconduct haven’t been a major topic of investigation or revelation in Germany. ...more
Implementation of major restructurings in a time- and cost-effective manner involves a variety of challenges, not only under German employment law. If used correctly and structured in a creative and tailored way, voluntary...more
After months of exhausting, on-off negotiations with changing negotiation partners at the table, Angela Merkel’s center-right Christian Democratic Union (CDU/CSU) and the center-left Social Democratic Party (SPD) agreed on a...more
In Germany, regular works council elections are held every four years. The next election period is quickly approaching, starting on March 1, 2018.
Companies with business in Germany should prepare for the election process...more
In Germany, regular works council elections are held every four years. The next election period is quickly approaching, starting on March 1, 2018.
...more
After months of exhausting, on-off negotiations with changing negotiation partners at the table, on February 7, 2018, Angela Merkel’s center-right Christian Democratic Union (CDU/CSU) and the center-left Social Democratic...more