In May 2016, the German Federal Employment Court ruled that an application for parental leave must be in writing and must be originally signed by the employee. A submission of an application by fax or by email is not sufficient. If an application is not submitted in written form, the application is void and the employee may not claim parental leave.
May
24
2016
German Court ruling on In-company Integration Management
In a ruling by the German Federal Employment Court in April 2016, the employer is not obligated to perform an in-company integration management during the first six months of employment. This applies even if the employee is severely disabled and the employer terminates the employment during the probation period.
Apr
28
2016
Germany: Fixed Term Contracts in Universities and Research Facilities
In March 2016, the German government revised the regulation on fixed-term contracts in universities and research facilities (Wissenschaftszeitvertragsgesetz – WissZeitVG). One main alteration of the revised law is the abolition of the possibility to agree upon fixed-term contracts for employees, who do not work scientifically. For those employees, only the general regulations of the German […]
Apr
28
2016
German Court Clarifies Burden of Proof regarding Overtime
Pursuant to the general principles for claiming overtime, an employee who claims payment for overtime needs to demonstrate, (i) on which days he worked overtime, that (ii) this overtime was instructed or tolerated by his supervisor or (iii) necessary for the work, which he was obligated to do. If however, the parties agreed to a […]
Apr
25
2016
Employment Law Across 27 Jurisdictions 2016
Employment Law Across 27 Jurisdictions 2016, an L&E Global and Clyde & Co joint publication, provides a brief outline of the employment law regime across 27 key jurisdictions throughout the globe.
Mar
28
2016
Germany: Employment relationship with a Professional Football Player in the national league may be for a Fixed-Term
A German district employment court ruled in February 2016, that an employment relationship with a professional football player in the national league may be agreed upon for a fixed-term period. In Germany, generally, employment may be for a fixed-term period only during the first two years of employment or in case of a justified reason. […]
Mar
28
2016
Germany: Pro-rated Holiday Entitlement
On 17 November 2015 the German Federal Labour Court ruled that an employee, who commences his employment on 1 July of a calendar year, may only claim holiday for the year of commencement on a pro-rated basis. In Germany, every Employee has an entitlement of at least 24 days paid vacation each year on the […]
Mar
16
2016
L&E Global’s 2016 Global Handbook | Employment Litigation
For employers with operations in multiple jurisdictions, litigation over disputes related to employment matters is a very real and increasingly significant concern, which applies to every sector of industry, in every region of the world. This comprehensive publication includes contributions from 28 key jurisdictions across 5 continents and will be a valuable resource for all […]
Feb
25
2016
Germany: Reducing Holiday Entitlement in Case of a Change of Working Time
On 10 February 2015, the German Federal Employment Court adapted its jurisdiction concerning the reduction of holiday entitlement in case of a change of the working time. Due to the latest decisions of the ECJ, the German court held that an already earned holiday claim could neither be reduced with respect to the number nor […]
Feb
25
2016
Germany: Court Ruling on Private Internet usage by the Employee
On 14 January 2016, a German Employment District Court ruled that the employer is allowed to analyze the browsing history of a computer used by the employee at the workplace without asking for permission in case of misuse for private matters. The use of the computer for private issues was generally forbidden for the employees. […]