Articles from Nadine Kirsch

15. Nov 2023 Update Whistleblower Protection Act

The long odyssey of the German law for better protection of whistleblowers (Whistleblower Protection Act - HinSchG) has come to an end. After a long back and forth, the Whistleblower Protection Act was passed on 02.06.2023 and came into force on 02.07.2023.

Labor law
15. Sep 2023 Ruling of the Schleswig-Holstein Higher Labor Court: No continued payment of remuneration in the event of several sick notes following termination of employment.

The Schleswig-Holstein Regional Labor Court dismissed an employee's claim against her employer for payment of continued remuneration for the duration of her notice period, for which she was on sick leave.

Labor law
19. Apr 2023 Reform of the Working Hours Act: Draft law on recording working hours

With the draft law, the Federal Ministry of Labor is reacting to the decisions of the ECJ from 2019 and the Federal Labor Court from 13.09.2022 , according to which employers are obliged to systematically record working hours.

Labor law
28. Mar 2023 Case law clarifies: Improper documentation of smoking breaks is working time fraud

In its ruling of 03.05.2022, case reference: 1 Sa 18/21, the Thuringia Higher Labor Court clarified that employees commit working time fraud if they do not properly document smoking breaks. In the opinion of the Thuringia Higher Labor Court, faking work that has not actually been performed by failing to properly document smoking breaks constitutes a particularly serious breach of duty and may justify termination without notice. As the trust necessary for an employment relationship is regularly destroyed in these cases, no prior warning is generally required.

Labor law
23. Mar 2023 Next update of the Whistleblower Protection Act

After a long odyssey, the Whistleblower Protection Act now seems to have reached port.

Labor law
15. Feb 2023 Federal Council rejects approval of the Whistleblower Protection Act

In December 2021, Germany should have already implemented the EU Whistleblower Protection Directive. In December 2022, the Federal Council finally passed the Whistleblower Protection Act. However, this did not receive the required majority in the Bundesrat on 10.02.2023 and has failed (for the time being).

Labor law
6. Feb 2023 BAG clarifies in new decision: Three-year limitation period for vacation compensation remains

In its ruling of 20.12.2022, Ref.: 9 AZR 266/20, the BAG agreed with the case law of the ECJ, according to which leave in an existing employment relationship cannot expire if employers have not complied with their duty to inform.

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

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