Since coming into force on 25 May 2018, we have evaluated the effect that the GDPR has had in Germany, in both legal and practical terms, and have summarised the most important current topics and issues related to data protection.
The Transparency in Wage Structures Act has been in force since July 2017. Since then, employees have a claim for information against their employers regarding the wage structure in the establishment. According to latest case law, this right to information cannot only be asserted by employees, but also by employee-like freelancers.
If an employer pays the employee’s salary later than contractually agreed, and the employee receives a lower parental allowance from the state as a result of this delay, the employer can be held liable for the differential amount.
The European Court of Justice has affirmed a TUPE in the case of a bus company transferred to a new owner without the acquirer taking over the main operational resources, in particular the buses used for customer transportation. This ruling contradicts an earlier ruling of the German Federal Labour Court relating to an ambulance service that was transferred without the ambulance cars. Therefore, the German Federal Labour Court may have to adjust its views on TUPE in future rulings
Information provided by the employer or his vicarious agents must be correct, clear and complete. This also applies to information relating to a company pension scheme, which the employer is not obliged to provide, but which he provides “voluntarily”. If the employer fails to comply with the standards for such information, he may be liable for any resulting damage
The representative body for severely disabled employees must only be involved in transferring disabled employees, if they have already been recognised as severely disabled. If the recognition of severe disability has only been applied for, the representative body does not need to be involved. This applies even if the employer knows that the employee has applied for recognition of their severe disability, which is then recognised retroactively
If an employer does not invite a severely disabled applicant for an interview, a discrimination has not necessarily occurred. However, not inviting a severely disabled applicant indicates a discriminatory treatment. Therefore, the applicant is entitled to compensation if the employer cannot prove that a discrimination has not occurred
The New Year 2020 has barely even begun and yet legal changes concerning minimum wages, immigration and Brexit have already taken place or are expected to soon be implemented
The statutory entitlement to continued remuneration in the event of an incapacity to work due to sickness is limited to six weeks. This also applies if during the incapacity to work, a new sickness, based on a different medical condition occurs that also results in an incapacity to work. In such a case, a new claim to continued payment of remuneration for another six weeks only arises if the first incapacity to work had already ended at the time the second sickness occurred
The new year 2020 is just around the corner and will bring about some changes with regard to German labour and employment law. Some of those changes are already certain due to a change in statutory law, while others can only be predicted at this time