21.08.2022

Take caution with full and final settlement clauses!

Judgment of the Regional Court of Mecklenburg-Vorpommern of 20 April 2022 in Case No. 5 Sa 100/21 Employers should consider carefully whether it makes sense to use so-called full and final settlement…

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10.08.2022

Regional Labour Court of Schleswig-Holstein: Compensation claim for discrimination after applying for a job via eBay Classified

Judgment of the Regional Labour Court of Schleswig-Holstein of 21 June 2022 in Case No. 2 Sa 21/22 An applicant, who used the chat function on the online portal “eBay Kleinanzeigen” to apply for a job…

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04.08.2022

Federal Cabinet approves Whistleblower Act

Background The Whistleblower Act implements the EU Whistleblower Directive, which seeks to establish standard protections for informants throughout the EU. Implementation is long overdue, as the…

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03.07.2022

ADVANT Beiten Strengthens its Labour Law Division with Two Established Partners in Berlin and Munich

Berlin/Munich, 04 July 2022 - The international law firm ADVANT Beiten strengthens its labour law division with two renowned partners. Dr Michael Matthiessen joined in March from Hardtke, Svensson &…

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13.06.2022

Federal Labour Court holds COVID test requirement in the workplace is valid

Judgment of the Federal Labour Court of 1 June 2022 in Case No. 5 AZR 28/22 The Federal Labour Court (Bundesarbeitsgericht, BAG) handed down its first judgment on workplace hygiene concepts and provided…

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09.06.2022

Employer to pay compensation when information about former employee remains on company website

Judgment of the Labour Court of Neuruppin of 14 December 2021 in Case No. 2 Ca 554/21 Many companies introduce their employees by name on the company website. When the employer fails to delete such…

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26.05.2022

"Get-to-know-each-other internships" – caution with this stumbling block under accident insurance law

Judgment of the Federal Social Court of 31 March 2022 in Case No. B 2 U 13/20 R When a "get-to-know-each-other internship" includes a tour of the company, accident insurance cover can apply through the…

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24.05.2022

Same holiday pay for all – ECJ strengthens the rights of temporary agency workers

On 12 May 2022, the European Court of Justice (ECJ) handed down its preliminary ruling in a case involving two temporary agency workers in Portugal (Case No. C-426/20). They had been assigned to the user…

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23.05.2022

Mass redundancy notifications – “should information” remains voluntary

Judgment of the Federal Labour Court of 19 May 2022 in Case No. 2 AZR 467/21 The failure to provide target numbers in accordance with § 17 (3) 5th sentence of the Act against unfair dismissal…

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23.05.2022

The effect of the electronic certificate of incapacity for work on the employment relationship

At the end of 2019, the German legislative adopted the third Act on relief from excessive bureaucracy (Bürokratieentlastungsgesetz III, BEG III), paving the way for the introduction of the electronic…

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22.05.2022

Vacation even if stuck in quarantine

Judgment of the Regional Labour Court of Schleswig-Holstein of 17 May 2022 in Case No. 1 Sa 208/21 Even if you are forced to isolate at home as a close contact, you can still take leave (at home) and…

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22.05.2022

Good news from Erfurt: social plans may cap severance payments

Judgment of the Federal Labour Court of 7 December 2021 in Case No. 1 AZR 562/20 Many employers wonder whether severance payment caps in social plans adopted to implement operational changes constitute…

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