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Germany Employee Rights

Mayer Brown

New Federal Government Established: What Employers in Germany Can Expect

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Germany's new government—led by former Mayer Brown Partner Friedrich Merz, who serves as Federal Chancellor—has laid out an ambitious agenda for the next four years. Many of the topics addressed on the 144-page-long coalition...more

Orrick, Herrington & Sutcliffe LLP

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

Orrick, Herrington & Sutcliffe LLP

German Federal Labor Court Grants Damages Under the GDPR for the Use of Employee Data: 7 Things for Companies to Consider

On May 8, 2025, the Federal Labor Court Bundesarbeitsgericht (“BAG”) issued a significant ruling concerning an employee’s claims for damages due to unlawful data transfers within a corporate group. The BAG ruled that works...more

Orrick, Herrington & Sutcliffe LLP

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

Morgan Lewis

Changes to Labor and Employment Law by the New German Federal Government - Legal Insights Germany

Morgan Lewis on

The German Bundestag has elected Friedrich Merz (Christian Democratic Union (CDU)) as federal chancellor. With the government now in place, it can begin its session. The Christian Democratic Union, Christian Social Union...more

Morgan Lewis

German Federal Labor Court Strengthens Employee Rights for Virtual Stock Options upon Employment Termination - Legal Insights...

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In its ruling dated March 19, 2025, the German Federal Labor Court (BAG)—in contrast to the two previous instances and contrary to its previous case law—deemed an expiry clause in general terms and conditions to be...more

Littler

EU Pay Transparency Directive – Worker’s Right to Receive Information

Littler on

EU countries must implement the regulations of the EU Pay Transparency Directive into local laws by June 7, 2026. The Directive introduces new obligations for employers and rights for workers. This includes workers’ right to...more

A&O Shearman

Germany: employment law aspects of the coalition agreement at a glance

A&O Shearman on

The coalition agreement between the CDU/CSU and the SPD, titled “Responsibility for Germany,” was announced on April 9, 2025. It outlines the future political strategy for Germany, addressing several aspects of employment...more

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

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

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

McDermott Will & Schulte

Arbeitsrechtliche Elemente im Koalitionsvertrag

Gestern haben sich die Spitzen von CDU/CSU und SPD auf den Abschluss eines Koalitionsvertrages geeinigt. Dieser muss nun noch von den jeweiligen Parteigremien abgesegnet werden, bevor er unterzeichnet werden kann. Wir haben...more

King & Spalding

VSOPs – the End of Bad Leaver Clauses in Germany?

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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?

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

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

Littler

Overtime Pay for Part-Time Workers: Legal Clarity from Germany's Highest Labor Court

Littler on

The German Federal Labor Court (Bundesarbeitsgericht, or “BAG”) has ruled that part-time employees must be treated the same as full-time employees when it comes to overtime pay. Any differentiation must be backed by a strong...more

Ius Laboris

Ruling by German Labour Court Limits Unions’ Digital Access Rights

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Since the Covid-19 pandemic and the resulting move toward home office for many employees, unions have been looking for ways to enter employers virtually, in order to get in touch with their members and to attract new members...more

Littler

Cross-Border Legal Perspectives: Comparing the UK’s and Germany’s Approaches to Unfair Dismissal

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Welcome back to our “cross-border perspectives” series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with...more

Hogan Lovells

Works Constitution in Germany – An Overview 2025

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The concept of works council participation has a long tradition in Germany, dating back to the Weimar Republic following World War I. Information and consultation rights for employee representatives were introduced by the...more

McDermott Will & Schulte

Kein digitales Zugangsrecht – Gewerkschaft scheitert mit Klage gegen Adidas

Spätestens seit der Corona-Pandemie erfreut sich das Home-Office großer Beliebtheit: Rund ein Viertel aller Erwerbstätigen in Deutschland arbeitet zumindest teilweise aus dem Home-Office. Doch während das mobile Arbeiten...more

Hogan Lovells

German Labour Law – An Overview 2025

Hogan Lovells on

Individual labour law centres on the relationship between a person at work and their employer, as governed by the employment contract between them. Both employee and employer are affected by these rights and duties. A number...more

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

Key Developments in German Labor and Employment Law for 2025

Labor and employment law in Germany will see a number of important developments in 2025. The Bureaucracy Relief Act IV took effect on January 1; the EU AI Act’s initial provisions on unauthorized AI take effect on February 2;...more

Ius Laboris

Labor law and cannabis legalization

Ius Laboris on

Cannabis in the workplace: allowed or banned? Although possession of cannabis is now legal (up to certain limits), this does not mean that employees can work under the influence of cannabis....more

International Lawyers Network

Paid Leave

The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more

Littler

Germany: Does the Works Council Have a Say When Employees Use ChatGPT? No, According to the Labor Court Hamburg

Littler on

Artificial intelligence (AI) can make work life easier. It is therefore not surprising that companies are keen to utilize the technical possibilities of AI, particularly by means of ChatGPT. However, use of AI in the...more

Littler

Dismissals in Germany: How Employers Can Help Minimize Financial Risks

Littler on

Terminations – whether consensual or unilateral – are part of working life. But not all grounds for termination will hold up in a German labor court. If the court rules that a dismissal is invalid, the employer is obliged to...more

Ius Laboris

Can employers monitor their employees’ social media posts?

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Increasingly, employers are being made aware of employee misconduct that is evidenced by photos, videos or other social media posts. What are employers allowed to do when it comes to their employees' posts, what are the...more

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