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
Managing workforce in the relatively strict and extensive jungle of Germany's employment law provisions can be difficult, especially for multinationals and US inhouse counsel who are used to at-will terminations and are not...more
On June 23, 2022, the German Bundestag passed a bill to transpose the EU Directive on Transparent and Predictable Working Conditions into German law. By August 1, 2022, companies will have to comply with a comprehensive...more
Here's what happened: A Berlin startup wrote in its job ad that it is looking for a "(Junior) Key Account Manager". The company's description referred to "a young team with flat hierarchies". A 50-year-old whose application...more
Employers in Germany should not underestimate the meaning of reference letters – the German Arbeitszeugnis. German employment law and employment practice provide employers with clear guidelines as to when and how they must...more
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
1.1 The Basics
The formation of the employment contract is generally subject to the same requirements as any other contract. There must be an offer and an acceptance (either oral or in writing), an intention to enter into...more
This Legal Q&A two pager gives an overview of the potential problems of using contractors and freelancers in Germany, in particular the risk of misclassification. Incorrectly classifying an employee as a contractor can have...more
This Legal Q&A two pager gives an overview of non-compete clauses with a focus on postcontractual non-competes. Non-compete clauses can effectively protect the know-how of companies, especially in the tech sector. But their...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
Employers in Germany should not underestimate the meaning of reference letters – the German Arbeitszeugnis. German employment law and employment practice provide employers with clear guidelines as to when and how they must...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 for...more
2/25/2021
/ Employee Benefits ,
Employer Liability Issues ,
EU ,
Germany ,
Hiring & Firing ,
International Labor Laws ,
Maternity Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Remuneration ,
Sick Pay ,
Unions ,
Wage and Hour
This Legal Q&A two pager gives an overview of non-compete clauses with a focus on postcontractual non-competes. Non-compete clauses can effectively protect the know-how of companies, especially in the tech sector. But their...more
The COVID-19 crisis led to drastic changes in employment. Although measures have been taken by the German legislator and the government to secure jobs, staff cuts appear inevitable for many companies as the crisis progresses....more
This Legal Q&A two pager gives an overview of non-compete clauses with a focus on post-contractual non-competes. Non-compete clauses can effectively protect the know-how of companies, especially in the tech sector. But their...more
German employment law provides for a sophisticated system of employee representation. The employees' representative body on operational level is the works council (Betriebsrat). The works council is to be involved in...more
In Germany, employees enjoy rather strong protection against termination of employment. Additionally, there are some form requirements employers must observe. This Q&A two pager gives a basic overview of the termination...more
2/4/2020
/ Employer Liability Issues ,
EU ,
Garden Leave ,
Germany ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Layoffs ,
Notice Requirements ,
Redundancy Dismissals ,
Regulatory Requirements ,
Severance Pay
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
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
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