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
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
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
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
2/3/2020
/ Compensation & Benefits ,
Employee Benefits ,
Employment Tax ,
Fixed-Term Labor Contracts ,
Germany ,
Holiday Pay ,
International Labor Laws ,
Labor Regulations ,
Maternity Leave ,
Minimum Wage ,
Paid Time Off (PTO) ,
Parental Leave ,
Part-Time Employees ,
Remuneration ,
Sick Leave ,
Sick Pay ,
Trade Unions ,
Wage and Hour ,
Wages ,
Working Time Regulations
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
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
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
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
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
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
After Germany’s general election, a “Jamaica” alliance could soon rule Germany, being mathematically possible and, after the Social democrats SPD announced their return to opposition, only viable option not involving the...more
On April 1 2017, the reform of the German Act on Temporary Agency Work (Arbeitnehmerüberlassungsgesetz) came into force bringing major changes for agencies and their clients. Agencies and their customers have to revisit work...more
The German Federal Labor Court (Bundesarbeitsgericht – BAG) has ruled that when an employer provides Facebook users access to publish posts on the company’s Facebook page that relate to the behavior or performance of...more