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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23.08.2022

Discrimination is presumed when the employment of a severely disabled worker is terminated without the agreement of the Integration Office

Judgement of the Federal Labour Court of 2 June 2022 in Case No. 8 AZR 191/21 Failure to obtain the agreement of the Integration Office in accordance with § 168 of the Ninth Volume of the Social Code…

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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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21.08.2022

Vacation in quarantine? – The ECJ will now decide

Federal Labour Court of 16 August 2022 in Case No. 9 AZR 76/22 (A) The Federal Labour Court (Bundesarbeitsgericht, BAG) submitted a question to the European Court of Justice (ECJ) for a preliminary…

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11.08.2022

Formation of a GmbH from home possible since 1 August 2022

Possibility of online formation through the Digitalisation Directive Until now, anyone wishing to establish a GmbH in Germany had to visit a notary in person. However, in times when video conferences…

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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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