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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
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
En Alemania, el empleo temporal – conocido como Arbeitnehmerüberlassung o Zeitarbeit – desempeña un papel fundamental en el mercado laboral. Para las Organizaciones Profesionales de Empleadores (PEOs) y las corporaciones...more
In Germany, temporary employment — known as Arbeitnehmerüberlassung or Zeitarbeit — plays a pivotal role in the labor market. For U.S. Professional Employer Organizations (PEOs) and corporations looking to expand their...more
A German court has considered the requirements for an employer to terminate a telework agreement. In the wake of the pandemic, many companies have had their employees working from home or allowed them to work remotely....more
In the past, the argument was often made that a female employee might not be entitled to a differential compensation claim due to lower pay compared to a male colleague, if the higher salary of the male colleague who...more
The European Union (EU) in 2019 launched a civil law directive on transparent and predictable working conditions in the EU. The directive stipulates that the rights and obligations set out therein must apply to all employment...more
In the midst of the vacation season, many employers in Germany are prompted to address old and new questions surrounding the issue of vacation. This Insight series: "On your mark! Get set! Vacation!" is designed to help...more
With effect from 1 August 2022, the German Act on Proof of the Essential Working Conditions (Nachweisgesetz – “Act on Proof”) will undergo the most comprehensive reform since it entered into force in 1995. The government...more
Die Gewinnung qualifizierten Personals allein auf Basis des Mindesturlaubs des Bundesurlaubsgesetzes von 20 Tagen bei einer 5-Tage-Woche ist in der Praxis häufig unmöglich. Anders als der gesetzliche, unterliegt der darüber...more
On November 24, 2021, the “traffic light” coalition, consisting of the Social Democratic Party of Germany (SPD), the Free Democratic Party (FDP), and Bündnis 90/Die Grünen (the Greens), reached an agreement on its coalition...more
On November 10, 2021, Germany’s Federal Labor Court (Bundesarbeitsgericht) ruled (Case No. 5 AZR 334/21) that employers must provide employed bicycle couriers with all the equipment essential for the performance of their...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
As the new year begins, it is a good time to look at key developments in German labor and employment law in 2019 and look ahead in 2020. With respect to 2019, corporate legal and human resources departments should be aware of...more
Nur selten finden Entscheidungen des Europäischen Gerichtshofs (EuGH) so viel mediale Aufmerksamkeit wie das Urteil zur Arbeitszeiterfassung vom 14. Mai 2019: Der EuGH hat entschieden, dass die Arbeitszeitrichtlinie (EU-RL...more
Some employers like the concept that employees must repay a bonus if the employee is no longer employed as of a certain date. This may be permissible in Germany, but only under narrow circumstances. On June 27, 2018, the...more
German Church's Religious Occupational Requirement Subject to Judicial Scrutiny - Precedential Decision by Judiciary or Regulatory Agency - On April 17, 2018, the European Court of Justice (CJEU) held that German laws...more
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
Yesterday, IG Metall, Germany’s largest metal union, entered into an agreement with employers in the state of Baden-Württemberg that allows for a 28-hour work week for its members. The two-year deal covers 900,000 employees...more