Germany’s recent federal election signaled a shift in the country’s politics – and employers will surely feel the impact. The center-right Christian Democratic Union and its sister party, the Christian Social Union, won the...more
One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties,...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
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
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
The German Federal Labor Court (Bundesarbeitsgericht) ("BAG") held, on August 14, 2018, that it is permissible for an employer to promise employees a premium if they refuse to participate in a strike. The plaintiff in this...more
On July 11, 2017, the German Federal Constitutional Court in essence rejected actions by certain smaller trade unions against a "tariff unity" law introduced almost exactly two years before. This is a major setback for trade...more
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
In 2010, Germany’s Federal Labor Court (Bundesarbeitsgericht) abolished the principle of collective bargaining unity, commonly referred to as “Tarifeinheit” (“One business, one collective agreement”). As a consequence, since...more
Gegen das seit einer knappen Woche geltende Gesetz zur Tarifeinheit liegen nun zwei Verfassungsbeschwerden vor. Eingereicht haben sie der Marburger Bund sowie die Pilotenvereinigung Cockpit. Gleichzeitig mit der Einlegung der...more