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German tax aspects of secondments
- Bird & Bird
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- Germany
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- June 30 2011
Globalization has led to increasing cross-border secondments of management and other employees
Employment update, Germany June 2007
- Bird & Bird
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- Germany
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- June 25 2007
With effect from 1 May 2007, the legislation on Part Time and Limitation of Employment Contracts (Teilzeit- und Befristungsgesetz TzBfG) has been amended
Revocation of a company car: Federal Labour Court (Bundesarbeitsgericht), judgment dated 19 December 2006
- Bird & Bird
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- Germany
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- October 9 2007
Many employers grant a company car to employees that can be used for private purposes
Separation agreement - interpretation of a general settlement clause: Regional Labour Court for the State of Hesse (Hessisches Landesarbeitsgericht)
- Bird & Bird
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- Germany
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- February 5 2008
Many employers enter into separation agreements with employees who have to leave employment
Limits to the amount of information an employer must provide to an employee, decision of the District Labour Court Berlin-Brandenburg, 05.11.2010
- Bird & Bird
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- Germany
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- June 3 2011
Where an employee has breached his employment contract, and the employer offers that employee the chance to enter into a termination agreement as opposed to being dismissed without a notice for cause, the employer is under no obligation to be honest with the employee about the strength of its case against him
To avoid employees gaining contractual benefits via "custom and practice" the employer must expressly and unambiguously exclude this possibility, decision of the Federal Labour Court, 08.10.2010
- Bird & Bird
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- Germany
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- June 3 2011
A clause within an employment contract describing non-statutory benefits as both "voluntary" and "revocable" was ambiguous and not capable of excluding the possibility that an annual Christmas bonus could become a contractual benefit via "custom and practice"
European Court of Justice, judgment of 12 February 2009, C-46607 regarding Directive 200123EC
- Bird & Bird
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- European Union, Germany
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- June 15 2009
Until now, according to the Federal Labour Court's Decisions, a business that was transferred during a transfer of a business pursuant to sec. 613a German Civil Code had to maintain its organisational independence in order for a transfer of business to be at hand
Absence due to illness does not result in the forfeiture of holiday entitlements
- Bird & Bird
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- European Union, Germany
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- February 19 2009
The current position under German law is that every employee has the right to a minimum of 24 days' paid holiday each year (although agreements can be made to enhance this statutory minimum
Release from active duties for employees’ near relatives in need of care
- Bird & Bird
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- Germany
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- May 6 2008
The “bill on the structural development of the public long term care insurance” is currently in the parliamentary process
Can wage dumping in relation to the commercial cleaning trade be prevented by broadening the Arbeitnehmerentsendegesetz (AEntG) (legislation implementing the Posting of Workers Directive (9671EC)?
- Bird & Bird
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- Germany
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- October 9 2007
The AEntG was introduced approximately 10 years ago to eliminate discrepancies between the treatment of employees employed by domestic and foreign service providers within Germany
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- Firm Name - Bird & Bird
- Workarea - Employment & Labor
- Jurisdiction - Germany
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