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
Apr
23
2020
Germany: Employer can be liable for any resulting damages from providing incorrect, unclear or incomplete information on a company pension scheme
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
Feb
22
2020
Germany: Consultation of representative body for severely disabled employees prior to transfer
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
Feb
22
2020
Germany: Failure to invite severely disabled applicant can result in compensation risk
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
Jan
29
2020
Germany: New Year, New Laws
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
Jan
29
2020
Germany: Continued payment of remuneration in the event of an incapacity to work due to sickness
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
Dec
19
2019
Germany: Happy New Year 2020 – What changes are to be expected in German employment law?
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
Dec
19
2019
Germany: Releasing an employee from work with continued payment of remuneration only compensates existing claims for compensation of working time credited to a working time account, if this purpose of the release is made sufficiently clear by the employer at the time of the release
When releasing an employee from his/her obligation to work with continued remuneration (“garden leave”), which is common in particular in termination cases, employers need to make it sufficiently clear at the time of the release that the release is also intended to compensate a positive balance on the employee’s working time account. A clause only referring to an irrevocable release from the obligation to work without further specifications is insufficient, and does not cover compensation for working time accrued in a working time account
Nov
27
2019
Germany: wide minimum wage for apprentices will come into force by 2020
The German Parliament decided that a Germany-wide minimum wage for apprentices will be introduced by 1 January 2020. It will initially amount to 515 Euros per month and will be gradually increased during the following years
Nov
27
2019
Germany: New EU directive aimed at improving the protection of whistleblowers aggravates obligations of local companies
The EU has approved a new directive aimed at extending and harmonising the protection of whistleblowers. In particular, the directive obliges companies in the member states to set up internal reporting channels for whistleblowers