Current articles on Labor law

1. Dec 2022 Reform of the Evidence Act as of 01.08.2022 with far-reaching changes for employers Written form requirement remains in place

On 23.06.2022, the law implementing EU Directive 2019/1152 on transparent and predictable working conditions was passed by the Bundestag. The implementation involved numerous legal changes, in particular amendments to the Verification Act, which have been criticized by practitioners, and not without good reason.

Labor law
4. Jul 2022 The new Evidence Act: far-reaching changes for employers An overview

Germany must implement the EU Directive on Transparent and Predictable Working Conditions by August 1. On 23.06.2022, the corresponding law to implement the directive was passed by the Bundestag, which will apply from 01.08.2022.

Labor law
4. Jul 2022 EU Directive on transparent and predictable working conditions: further legislative changes Temporary Employment Act: further obligations to provide evidence

Germany must implement the EU Directive on transparent and predictable working conditions by August 1. On 23.06.2022, the corresponding law to implement the directive was passed by the Bundestag, which will apply from 01.08.2022 after its promulgation.

Labor law
20. Jul 2020 Vacation in a risk area from an employment law perspective - important information Important information

The main vacation period is just around the corner. There are a number of pitfalls for employers when it comes to vacation - particularly due to the global coronavirus pandemic and its effects, but there are also important points to bear in mind when it comes to the expiry of vacation. In this vacation update, we would like to draw your attention to the most important points that employers should be aware of at the moment:

Labor law
15. Jul 2020 Forfeiture of vacation during illness - employer's duty to cooperate? Background:

Federal Labor Court asks European Court of Justice for clarification: Can leave in the event of illness or reduced earning capacity expire after the 15-month period if the employer fails to cooperate? BAG, judgment of 07.07.2020 - 9 AZR 401/19; 9 AZR 245/19

Labor law
6. Jul 2020 Government draft of the Association Sanctions Act What is the aim of the Association Sanctions Act (VerSanG)?

Compliance is understood to mean the general adherence to all laws, regulations, guidelines and internal rules relevant to a company. A functioning compliance management system should ensure that the rules are adhered to and that violations can be avoided or at least detected and sanctioned.

Labor law
19. Feb 2020 No automatic forfeiture of leave in the absence of cooperation by the employer - UPDATE

Back in 2019, the European Court of Justice (ECJ) caused a stir with its decisions on vacation law (summarized by us under: Holiday law). The ECJ's decision that leave does not automatically expire at the end of the year or at the end of the carry-over period is particularly important in practice. The ECJ's requirements in this regard were immediately implemented by the Federal Labor Court (BAG) in its decision of 19.02.2019 - 9 AZR 541/15. If leave is to expire at the end of the year, employers now have the burden of taking the initiative and must give their employees specific notice, which must be given in good time in the calendar year (e.g. at the end of the 2nd quarter) so that the employee still has the opportunity to take their leave.

Labor law
28. Jan 2020 No involvement of the representative body for severely disabled employees required before decision on the equal treatment application, BAG, 22.01.2020 - 7 ABR 18/18

In a decision (currently only available as press release no. 4/20), the Federal Labor Court clarified that the employer is not obliged to inform and consult the representative body for severely disabled employees as a precautionary measure in the event of an intended transfer of a disabled employee if a decision has not yet been made on the employee's application for equal treatment.

Labor law
10. Jan 2020 Changing causes of illness: A new illness does not automatically lead to further continued payment of remuneration, BAG, 11.12.2019 - 5 AZR 505/18

In its decision (currently only available as press release no. 45/19), the BAG clarified that the statutory entitlement to continued remuneration in the event of illness is also limited to a period of 6 weeks if a new illness occurs during the existing incapacity to work, which is based on a different underlying condition and also results in incapacity to work (principle of unity of the insured event). A new entitlement to continued payment of remuneration therefore only arises if the first illness-related incapacity to work had already ended at the time when the further illness led to the incapacity to work.

Labor law
3. Dec 2019 Release from work to reduce working time credits in court settlement must be clearly recognizable, BAG, judgment of 20.11.2019 - 5 AZR 578/18, press release no. 40/19

According to a recent decision by the Federal Labor Court, a leave of absence in a court settlement only fulfills the employee's entitlement to compensatory time off to reduce a working time account if the agreement clearly states that the leave of absence is also intended to compensate for a positive working time credit.

Labor law
9. Oct 2019 No vacation entitlement during the partial retirement phase

Partial retirement is intended to enable a smooth transition for older employees from working life to retirement. Employers also like to use partial retirement models in order to achieve a socially acceptable adjustment of the workforce. Originally conceived by the legislator as a continuous reduction in working hours, the so-called block model has now become established in practice: The employee who previously worked full-time is still employed full-time during the so-called "work phase" and is then completely released from his or her obligation to perform work during the so-called "release phase" in the legally continuing employment relationship, with continued payment of the average remuneration.

Labor law
23. Aug 2019 BAG on unfounded fixed-term employment in the case of so-called previous employment: - After 22 years, unfounded fixed-term employment is okay After 22 years, fixed-term contracts without a material reason are fine

If an employee is re-employed by the same employer 22 years after the termination of their employment relationship, the prohibition of fixed-term employment without objective grounds after previous employment as stipulated in Section 14 (2) sentence 2 TzBfG does not generally apply in a constitutional interpretation of the provision (BAG, judgment of 21.08.2019 - 7 AZR 452/07, currently only available as press release no. 29/19).

Labor law

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