News on Labour Law

The currently spreading "coronavirus" is leading to considerable uncertainty in the personal and professional sphere.
18.05.2020
By decision of 14 May 2020, the temporary derogation from the obligation to make a declaration of incapacity to work by telephone was again extended. This was decided by the responsible Federal Joint Committee for Statutory Health Insurance.
18.05.2020
On May 14, 2020, the Bundestag decided, among other things, to gradually increase the short-time working allowance.
18.05.2020
The Federal Ministry of the Interior, Building and Homeland Affairs, together with the North Rhine-Westphalian Ministry of Labour, Health and Social Affairs, has developed an online procedure with which compensation for loss of earnings under the Infection Protection Act (IfSG) can be applied for.
18.05.2020
On 14 May 2019 (Case C-55/18), the ECJ had ruled that the Member States must oblige employers to introduce an "objective, reliable and accessible system" for recording the working time of each employee (cf. NL Law 6/2019).
04.05.2020
The Advisory Council for the Reconciliation of Career and Career at the Federal Ministry for Family Affairs has compiled a collection of links, tips and information for employers and caring relatives that can also be a useful aid during the pandemic.
21.04.2020
By an ordinance of the Federal Ministry of Labour and Social Affairs published in the Federal Law Gazette on 20 April 2020, the period of entitlement to short-time working compensation can be extended in certain cases (Kurzarbeitergeld-Bezugsdauerverordnung - KugBeV).
03.04.2020
The law firm TaylorWessing has made available a new extended calculation tool for the short-time working allowance.
03.04.2020
The Federal Employment Agency (BA) warns against fraudulent mail. The senders want to get hold of personal customer data.
30.03.2020
In the Corona crisis, companies have the possibility to apply for the deferral of social security contributions.
30.03.2020
Ordinance on Facilitation of Short-time Work (KugV) published in the Federal Law Gazette will come into force.
25.03.2020
The GKV-Spitzenverband has agreed measures to support employers affected by the corona virus after consultation with the German Pension Insurance Association and the Federal Employment Agency.
25.03.2020
The Federal Employment Agency and the Integration and Inclusion Offices have announced today
17.03.2020
The application for short-time work compensation, for example in the event of order bottlenecks or production restrictions due to the "coronavirus", is in principle already possible when the original legal regulations are applied
17.03.2020
The German Social Accident Insurance (DGUV) has issued a current press release on the subject of home offices.
16.03.2020
The employer does not have a general duty to protect the financial interests of the employee.
06.03.2020
On 1 March 2020 the new regulations for the controlled immigration of foreign skilled workers came into force.
12.02.2020
By July 30, 2020 the member states of the European Union are obliged to transpose the new labour law requirements from the revised Posting of Workers Directive into national law.
14.01.2020
At the turn of the year, various amendments to Dutch labour law come into force (selection):
13.12.2019
In accordance with § 7 para. 3 BUrlG, leave can generally only expire if the employer has specifically requested the employee to take the leave and has clearly and timely informed him that the leave otherwise expires at the end of the calendar year.
13.12.2019
On 25.11.2019, the Second Act on the Adaptation of Data Protection to EU Regulation 2016/679 and on the Implementation of EU Directive 2016/680 (2nd DSAnpUG-EU) was published in the Federal Law Gazette.
14.10.2019
The Federal State of Bavaria has submitted a proposal to the Bundesrat to revise the Working Hours Act (ArbZG).
29.08.2019
New judgment of the Federal Labour Court of 21.08.2019 (Case No. 7 AZR 452/17) on the prohibition of pre-employment in the case of unfounded time limits.
13.08.2019
The Federal Employment Agency (Bundesagentur für Arbeit, BA) revised its technical directives on the handling of the Temporary Employment Act (Arbeitnehmerüberlassungsgesetz, AÜG) with effect from 1 August 2019.
09.08.2019
The new Directive on transparent and predictable working conditions entered into force on 31 July 2019. The Directive represents a revision of the previous Detection Directive 91/533/EEC and must be implemented by 1 August 2022.
11.06.2019
Works council members must submit proof of the expenses to be reimbursed as far as possible and reasonable.
11.06.2019
In an existing employment relationship, severely disabled persons can demand the performance of the employment relationship from their employer up to the limit of reasonableness according to § 164 Para. 4 SGB IX (until 31 December 2017: § 81 Para. 4 SGB IX aF) in accordance with their health situation.
15.05.2019
The Court of Justice of the European Union ruled on 14.05.2019 that Member States must oblige employers to set up a system to measure daily working time (ECJ, judgment of 14.05.2019 - C-55/18).
08.05.2019
An accident at work does not occur if an insured person is attacked on a business trip on the way to the hotel and injured in an attempt to recover his stolen purse.
09.04.2019
The provision of § 17 (1) sentence 1 BEEG, according to which leave is taken for the period of parental leave but this entitlement can be reduced, is in line with Union law.
09.04.2019
For the purpose of calculating the statutory minimum leave, periods of unpaid special leave shall not be taken into account.
09.04.2019
For the first time, an employer has been sentenced to provide information pursuant to Article 15 DSGVO and to publish a data copy in the context of a dismissal protection suit (see LAG Baden-Württemberg, Urt. v. 20.12.2018 - 17 Sa 11/18).
20.02.2019
An employee's entitlement to paid annual leave usually expires at the end of the calendar year only if the employer has previously informed him of his specific holiday entitlement and the expiry periods and the employee has not taken the holiday of his own free will. This was decided by the Federal Labour Court in its judgment of 19.02.2019 (Case No. 9 AZR 541/15).
13.02.2019
Parental leave already taken for the first two years of the child's life can also be extended to the child's third year without the employer's consent. This was decided by the LAG Berlin-Brandenburg in its judgement of 20.09.2018 (Case No. 21 Sa 390/18).
13.02.2019
If the employment relationship ends as a result of the death of the employee, his heirs are entitled to compensation for the leave not taken by the testator in accordance with § 1922 (1) BGB in conjunction with § 7 (4) BUrlG.
13.02.2019
In order to effectively exercise its monitoring rights under § 80(1) of the BetrVG, the works council is entitled under § 80(2) sentence 2(2) of the BetrVG to inspect the non-anonymised lists of gross wages and salaries.
13.02.2019
According to § 14 (2) sentence 2 TzBfG, the unfounded fixed term in time of an employment contract is not permissible if an employment relationship of approximately one and a half years' duration had already existed between the employee and the employer eight years previously, and there was a comparable work task.
22.01.2019
A provision in a collective agreement may, in accordance with § 4 (1) TzBfG, under which part-time workers may not be discriminated against in relation to full-time workers, be interpreted as meaning that part-time workers are liable to pay overtime bonuses for working time exceeding the respective part-time quota, even if the working time of a full-time job is not exceeded. This was decided by the Federal Labour Court in its judgment of 19.12.2018 (Ref. 10 AZR 231/18).
21.01.2019
With the introduction of the so-called bridge part-time work on 1 January 2019, work on call in accordance with § 12 TzBfG was also newly regulated.
21.01.2019
The provisions of § 622 (2) sentence 2 BGB and § 29 (4) German Homework Act were repealed as of 1 January 2019.
21.01.2019
If a pension provision provides that the survivor's pension of a younger surviving spouse is reduced by 5 % for each full year of the age difference between the spouses exceeding ten years, this does not constitute discrimination on grounds of age contrary to the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG). This was decided by the Federal Labour Court in its judgment of 11.12.2018 (Ref. 3 AZR 400/17).
21.01.2019
The provision in § 41 sentence 3 SGB VI, which enables the parties to the employment contract to postpone the date of termination by agreement during the employment relationship in the event of the agreed termination of the employment relationship upon reaching the standard retirement age, is effective.
VDMA is offering its members an overview on the legal situation, available in English and German.
RA Dr. Christian Hess
RA Dr. Christian Hess
Legal Counsel (Syndikusrechtsanwalt)

Labour Law, Digitization, Data Protection Law, Public Procurement Law, Product Liability Law
+49 69 6603-1268
+49 69 6603-2268
RA Fabian Seus
RA Fabian Seus
Legal Counsel

Head of Competence Center Labour Market

Labour Law, Labour Market and Collective-Bargaining Policies
+49 69 6603-1350
+49 69 6603-2350