08.11.2022

ECJ confirms Commission's action against selective tax advantages as state aid, but the path remains rocky

On November 08, 2022, the Court of Justice of the European Union (ECJ) set aside the judgment of the General Court of the European Union (EGC) of September 24, 2019 regarding the Luxemburg tax decision in…

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07.11.2022

Inflation relief bonus – overview and practical options

The inflation relief bonus (Inflationsausgleichsprämie) allows employers to pay their employees a bonus of up to EUR 3,000 tax-free and free from social security costs before 31 December 2024. In addition…

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25.10.2022

Limitation period for (payment in lieu of) leave entitlements despite employer’s failure to put the employee in a position to take their leave?

Judgment of the European Court of Justice of 22 September 2022 in case C-120/21 The calendar year is drawing to a close. For employers and employees, the focus moves to leave entitlements. How many days…

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19.10.2022

The 11th Amendment to the Act against Restraints of Competition: Paradigm Shift in Antitrust Law

With the outbreak of the Russia-Ukraine war and the considerable price increases for fuels in Germany, an intense public discussion began on how the Federal Government can legally record 'silent'…

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03.10.2022

The Digital Services Act – "A new Sheriff in Town"

Thierry Breton, EU Commissioner for Internal Market, announced the Digital Services Act ("DSA"), which is intended to harmonise regulations on the internet at EU level, with the pictorial comparison of "a…

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18.09.2022

Competence of the General Works Council in the case of uniform use of Microsoft Office 365 within the company

German Federal Labour Court (BAG) as of 08 March 2022 – 1 ABR 20/21 The BAG strengthens the competence of the general works council for the introduction and use of technical facilities in the case of…

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14.09.2022

Amount of Compensation Payment in Case of Post-Contractual Non-Compete Obligation

German Federal Labour Court as of 25 August 2022 – 8 AZR 453/21 When an employment relationship ends, so does the employer's non-compete obligation. Employees are then able to use their practical…

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13.09.2022

Spectacular Turn of Events in Erfurt: Employers are Now Obliged to Record Staff's Working Hours After All

German Federal Labour Court as of 13 September 2022 – 1 ABR 22/21 It is safe to say that this is the most important decision of the year in labour law and a true surprise for the companies: the Federal…

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06.09.2022

Government Draft on the German Transformation Act: Will the Quick Cross-Border Company Conversion Come to an End?

In July 2019 we have informed you here in this blog on which the EU decided regarding cross-border conversions, mergers and divisions. In order to cast these changes into German law, the German government…

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01.09.2022

The revised Coronavirus Occupation Health and Safety Regulation in a nutshell

On 31 August 2022, the Federal Cabinet adopted a new Occupational Health and Safety Regulation for Dealing with the SARS-CoV-2 Virus (Corona-ArbSchV). The revised law gives employers responsibility for…

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31.08.2022

And again: attachment of Corona bonus

Judgment of the Federal Labour Court of 25 August 2022 in Case No. 8 AZR 14/22 Voluntary corona bonuses paid by an employer to its workers to compensate the employees for the strains of performing their…

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24.08.2022

An order to wear a surgical face mask as a safeguard against the Coronavirus does not entitle the wearer to a hardship supplement under the collective wage agreement for industrial cleaners

Judgment of the Federal Labour Court of 20 July 2022 in Case No. 10 AZR 41/22 An employer’s order for employees to wear medical face masks (surgical masks) as a safeguard against the Coronavirus does…

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