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No Waiver of Statutory Minimum Leave Through Court Settlement

On June 3, 2025, the Federal Labor Court (Bundesarbeitsgericht) ("BAG") ruled that employees are entitled to financial compensation for outstanding statutory minimum vacation days. Even if a court settlement includes an...more

Looking for a "Digital Native" in a Job Ad is Discriminatory!

The regional labor court (Landesarbeitsgericht) ("LAG") Baden-Württemberg decided that an applicant can claim compensation for discrimination based on a job ad that said the employer was looking for a "digital native" (17 Sa...more

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

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

Verfall von virtuellen Optionsrechten bei Eigenkündigung – Good Leaver oder Bad Leaver?

Das Bundesarbeitsgericht (BAG) hat am 19. März 2025 (10 AZR 67/24) entschieden, dass eine Regelung in einem Mitarbeiterbeteiligungsprogramm unwirksam ist, die einen Verfall von gevesteten virtuellen Optionsrechten bei einer...more

The EU AI Act: What Employers Need to Know

The EU AI Act is a new set of rules that regulates the use of AI in the EU. It is the first of its kind in the world and aims to balance the protection of human rights and the promotion of innovation. The Act applies to...more

Germany Works Council Elections 2022: Practical Guidelines for Companies - A More Modern Works Council?

In Germany, regular works council elections are held every four years, from March 1 through May 31. The next election period will begin shortly, starting on March 1, 2022. Companies should prepare early on for the election...more

Germany to Boost Works Council Rights Amid the Pandemic

The Federal Cabinet has introduced a draft bill to make it easier for employees to establish and elect works councils and to facilitate the works councils’ work in an increasingly digitalized work environment, the...more

Orrick’s 101 – Employment Law in Germany – Employers’ Essentials (2019 Edition)

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

To-Do’s for Employers in Germany: No More Automatic Forfeiture of Vacation Entitlements

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

Works Council Elections 2018 in Germany – Are You Ready?

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

Works Council Elections 2018: Practical Guidelines for Companies

In Germany, regular works council elections are held every four years. The next election period is quickly approaching, starting on March 1, 2018. ...more

Germany – Premium Paid by Employer for Leaving Trade Union is Unlawful

Powerful trade unions often are a thorn in the side of employers. But if a company tries to reduce the trade unions’ influence, it may violate the freedom of association under Article 9 section 3 of the German Constitution...more

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