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Results: 1-10 of 14

Employees or consultants: comparing some of the tests around the globe

  • Latham & Watkins LLP
  • -
  • Germany, Japan, United Kingdom
  • -
  • June 30 2010

The tests for determining whether an individual service provider is an employee or an independent contractor are similar but subtly and significantly different in a number of jurisdictions

European Court of Justice rules on notice periods legislation

  • Latham & Watkins LLP
  • -
  • European Union, Germany
  • -
  • June 30 2010

In Germany, the length of statutory minimum notice that must be given to employees to terminate their employment depends on the employee's length of service

Data protection law scuppers archive on serial litigants

  • Latham & Watkins LLP
  • -
  • Germany
  • -
  • June 30 2010

In Germany, the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz AGG) prohibits discrimination on the grounds of an individual's race or ethnicity, gender, belief or ideology, severe disability, age or sexuality

Does the new act set new restraints or merely clarify things for employers?

  • Latham & Watkins LLP
  • -
  • Germany
  • -
  • April 21 2011

The German legislature is about to enact a new law to be known as the Employee Data Privacy Act (Beschäftigtendatenschutzgesetz or the Act

Works councils and union strike action in Germany, France and the UK

  • Latham & Watkins LLP
  • -
  • France, Germany, United Kingdom
  • -
  • November 30 2011

The Works Constitution Act furnishes a German works council with many rights of information, consultation, veto and co-determination, in a variety of social, personnel and financial matters that concern the employees of a company

Works Council information regarding fixed-term hiring

  • Latham & Watkins LLP
  • -
  • Germany
  • -
  • March 1 2012

Pursuant to s. 99 of the Works Constitution Act (Betriebsverfassungsgesetz - BetrVG), any company with more than 20 employees eligible to vote that seeks to hire employees on a fixed-term basis is required to inform the works council of its intentions

Employer's guide to recovery of wage overpayments

  • Latham & Watkins LLP
  • -
  • Germany, United Kingdom, USA
  • -
  • January 30 2013

Many jurisdictions have enacted statutes governing whether an employer may recover inadvertent overpayments from an employee's wages, including rules

New developments in Germany’s vacation laws: expiration of vacation entitlements in the event of incapacity due to illness

  • Latham & Watkins LLP
  • -
  • European Union, Germany
  • -
  • August 16 2012

This article explores recent decisions by the European Court of Justice (ECJ) and German Federal Labour Court that challenge the previous principles of forfeiture of vacation entitlements for employees in Germany

Good news for employers: U-turn in case law on fixed-term contracts with a specific reason in the case of “prior employment”

  • Latham & Watkins LLP
  • -
  • Germany
  • -
  • March 1 2012

Pursuant to s.14(2) of the German Part- Time and Fixed-Term Act (Teilzeit- und Befristungsgesetz) (the Act) the term of an employment contract may be fixed without a particular reason for up to two years, provided that the other conditions for fixing the term are met

Mandatory disclosure to unsuccessful job applicants in Germany?

  • Latham & Watkins LLP
  • -
  • European Union, Germany
  • -
  • October 14 2010

Germany's anti-discrimination law may be on the brink of change following a referral by Germany's Federal Labor Court to the European Court of Justice (the ECJ

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