Articles from Ricarda Bongers

2. Nov 2023 The practical application of the Whistleblower Protection Act

The new Whistleblower Protection Act came into force on 02.07.2023. Companies are now obliged to introduce an internal reporting system under which employees can report possible grievances.

Labor law
8. Aug 2023 BAG ruling: No prohibition of utilization in dismissal protection proceedings with regard to recordings from open video surveillance

In its ruling of 29.06.2023, Ref.: 2 AZR 296/22, the Federal Labor Court ruled that there is generally no prohibition on the use of recordings from open video surveillance in dismissal protection proceedings that are intended to prove intentional conduct by the employee in breach of contract. According to the Federal Labor Court, this also applies if the employer's surveillance measures do not fully comply with the requirements of data protection law.

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
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