Germany

Authors: Verena Braeckeler-Kogel, MAES (Basel) and Meike Christine Rehner Employers can expect the following measures: Mandatory implementation of hygiene concepts adapted to the specific situation. Keep distance, observe hygiene, ventilate regularly. Reduction of physical contact in the workplace, rooms should not be shared. Wearing a face mask is mandatory if contact reduction measures cannot be […]

Authors: Verena Braeckeler-Kogel, MAES (Basel) and Meike Christine Rehner After the termination of his employment, a former employee was faced with a non-compete period due to a corresponding clause in his contract. He received 50% of his salary as compensation for the time of the non-compete period, as mandatory under German law for an effective […]

Authors: Verena Braeckeler-Kogel, MAES (Basel) and Meike Christine Rehner Due to the EU-directive 2019/1937 for protection of whistle-blowers, the member states were required to implement corresponding provisions into their national law until the 17th of December 2021. Germany among many other member states has not complied yet. As in the last legislative period the necessary […]

Authors: Verena Braeckeler-Kogel, MAES (Basel) and Meike Christine Rehner The role of an employee on parental leave was eliminated due to a restructuring of the employer. As a consequence, the employer served notice of dismissal combined with the offer of altered conditions of employment. The employee declined this offer and challenged the dismissal in court. […]

Authors: Verena Braeckeler-Kogel, MAES (Basel) and Meike Christine Rehner The so-called Verification Act has existed in Germany since 1995 and obliges employers to provide essential contractual conditions in writing to employees. However, as of 1 August 2022, the contract conditions to be documented will expand and sanctions in case of violations of the Verification Act […]

Authors: Verena Braeckeler-Kogel, MAES (Basel) and Meike Christine Rehner Information that “should” be provided when notifying authorities about a mass redundancy is not required for the notification to be valid.  A mass redundancy requires the prior notification of the Labour Agency. The Dismissal Protection Act (DPA) stipulates this obligation and the specific content of such […]

Authors: Verena Braeckeler-Kogel, MAES (Basel) and Meike Christine Rehner Three years ago, the European Court of Justice (ECJ) caused “an earthquake” in working time law by calling for an “objective, reliable and accessible system” for recording working time throughout the member states of the European Union (14 May 2019 – C-55/18). In Germany, the legislator […]