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COVID-19 Germany: Working From Home and Employer Reimbursement of Remote-Work Expenses

Due to the pandemic-related increase in remote work, questions come up who will end up bearing additional costs – such as increased electricity costs and expenses for cell phone and internet plan. There is also a need for...more

COVID-19 – European OSHA Gives Guidance on Returning to Work

When starting to take steps to return to a new normal where business continues, even as outbreaks may flare up, employee health and safety certainly are top of mind. Since many EU member states are loosening up COVID-19...more

COVID-19 Germany: German Government to Approve New Benefit Packages for Employers

The German government has agreed on additional benefit packages worth billions. Companies that recently implemented short-time work and their employees are to profit from this....more

COVID-19 Germany: How to Handle Short-Time Work Amid the Crisis – A Q&A for Employers

In the wake of COVID-19, many companies in Germany implemented short-time work (Kurzarbeit) in order to safeguard jobs and save on personnel. In our previous blog, we outlined the application process and provided an overview...more

German Government Gives Guidance on COVID Safety Protocol for Employers

Employee health and safety are top of mind when it comes to work in times of the pandemic – and when starting to take steps to return to a new normal where business continues even as outbreaks may flare up. When the lockdowns...more

COVID-19 Update: Germany to Give Working Parents State-Funded Compensation Claim During Closure of Childcare and Schools

For working parents who are unable to fulfil their working duties due to the closure of kindergarten, day care centre and/or school as a result of the pandemic, the German parliament has passed a new law in a fast-track...more

COVID-19-Krise: FAQ zum neuen Entschädigungsanspruch für berufstätige Eltern nach § 56 Abs. 1a IfSchG

Für berufstätige Eltern, die infolge der pandemiebedingten Schließung von Kindergarten, Kindertagesstätte und/oder Schule ihrer Arbeitspflicht nicht nachkommen können, hat der Gesetzgeber im Eilverfahren ein neues Gesetz...more

Orrick’s 101 – Legal Q&A Non-Compete Clauses

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

COVID-19 Update: FAQs on Employment-related Aspects of the Coronavirus Pandemic for Employers in Germany

The consequences of the spread of the novel coronavirus (Sars-CoV-2) have reached the German labour market. Many companies are daily confronted with new and complex legal questions regarding the handling of...more

FAQs zum Umgang mit der Coronavirus-Pandemie im Arbeitsrecht

Die Folgen der Ausbreitung des neuartigen Coronavirus (Sars-CoV-2) haben den deutschen Arbeitsmarkt erreicht. Viele Unternehmen werden täglich mit neuen komplexen Rechtsfragen zum Umgang mit dem Coronavirus im...more

COVID-19-Krise: Deutschland erleichtert Zugang zu Kurzarbeitergeld

Der Bundestag hat am 13. März 2020 das "Gesetz zur befristeten krisenbedingten Verbesserung der Regelungen für das Kurzarbeitergeld" in einem Schnellverfahren verabschiedet, das den Unternehmen den Zugang zu Kurzarbeitergeld...more

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately? (Update #3)

This updated overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local...more

COVID-19 Update: Germany to Give Easier Access to State-Funded Short-Time Working Allowance

On March 13, 2020 the German parliament passed the “law on the crisis-related temporary improvement of the regulations for short-time work allowance” (Gesetz zur befristeten krisenbedingten Verbesserung der Regelungen für das...more

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately? (Update #2)

This updated overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local...more

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately? (Updated)

This updated overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local...more

Legal Q&A | Employee Representation - February 2020

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

The Coronavirus in the International Workplace – How Do Multinational Employers React Appropriately?

This overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment and...more

Orrick's 101- Legal Q&A | Termination Of Employment

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

Orrick's 101 - Employment Law In Germany - Employers' Essentials (2020 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 for...more

Do German Works Councils Have a Say on Company Twitter Accounts?

The German Federal Labor Court (Bundesarbeitsgericht – BAG) will rule on February 25, 2020 whether an employer must observe co-determination rights of the works council when using a Twitter account....more

Crowdworkers Are Not Employees Under German Employment Law

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

OLNS #3 – Employment Law for Young Tech Companies

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

The Many Pitfalls of Fixed-Term Employment in Germany – Or: How Long is “Very Long”?

In Germany, fixed-term employment is strictly regulated: As a rule, fixed-term requires objective grounds that justify the limited term. ...more

Orrick’s 101 – Legal Q&A Fixed-Term Contracts

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

Terminating the Managing Director of a German GmbH – How to Do it Legally Sound

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

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