News & Analysis as of

Employment Contract › Employee Benefits › Germany

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Federal Labor Court Finds Certain Virtual Stock Option Forfeiture Clauses May Unreasonably Disadvantage Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 19, 2025, the German Federal Labor Court (Bundesarbeitsgericht or BAG) held in Case No.: 10 AZR 67/24 that certain forfeiture clauses in General Terms and Conditions of Business (Allgemeine Geschäftsbedingungen or...more

Dechert LLP

Virtual Employee Participation Programs (EPSPs): Important Developments in German Case Law Impacting Vesting Rules

Dechert LLP on

Employee participation programs are generally subject to sec. 305 ss. of the German Civil Code (BGB) governing the content control of general terms and conditions (GTC) if they are provided by the employer and were prepared...more

King & Spalding

VSOPs – the End of Bad Leaver Clauses in Germany?

King & Spalding on

Virtual Stock Option Plans (VSOPs) are a common tool used by companies to incentivize employees by linking part of their compensation to the company’s long-term success. Unlike traditional stock options, VSOPs do not grant...more

Orrick, Herrington & Sutcliffe LLP

Lapse of Virtual Stock Options in the Event of Voluntary Resignation – Good Leaver or Bad Leaver?

Orrick, Herrington & Sutcliffe LLP on

On March 19, 2025, the German Federal Labor Court (Bundesarbeitsgericht) ("FLC") ruled that a provision in an employee stock option plan providing for the immediate forfeiture of vested virtual stock options in the event of...more

Paul Hastings LLP

Ruling of the German Federal Labor Court on the Invalidity of Expiry Clauses in ESOP/VSOP - Applicability of the Ruling to MEPs

Paul Hastings LLP on

On March 19, 2025, the German Federal Labor Court ("BAG") ruled that clauses that qualify as general terms and conditions and stipulate that virtual option rights that are already vested at the time of termination of an...more

Littler

Layoffs in Germany & Poland: Differences & Similarities

Littler on

As layoff procedures in Poland and Germany are anchored in the same EU Directive, their national regulations are similar in direction, but they still have their own flavor and local specificity. Germany and Poland share...more

Ius Laboris

Re-skilling and Up-skilling: How to Win the ‘War for Talent’

Ius Laboris on

The digitalisation of work is having a profound impact on the skills that employers need from their workforce, resulting in the competing challenges of skilled worker shortages and widespread redundancies. The solution to...more

Hogan Lovells

Vertragsgestaltung im Arbeitsrecht – Verfall von Urlaubsansprüchen

Hogan Lovells on

Die Gewinnung qualifizierten Personals allein auf Basis des Mindesturlaubs des Bundesurlaubsgesetzes von 20 Tagen bei einer 5-Tage-Woche ist in der Praxis häufig unmöglich. Anders als der gesetzliche, unterliegt der darüber...more

International Lawyers Network

International Lawyers Network: Temporary Layoffs

International Lawyers Network on

This guide offers an overview of legal aspects of temporary layoffs in the requisite jurisdictions. It is meant as an overview in these marketplaces... This guide describes the law in force in the requisite jurisdictions...more

Littler

Littler Global Guide - European Union - Q2 2018

Littler on

German Church's Religious Occupational Requirement Subject to Judicial Scrutiny - Precedential Decision by Judiciary or Regulatory Agency - On April 17, 2018, the European Court of Justice (CJEU) held that German laws...more

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