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Results: 1-9 of 9

German Federal Court of Justice clarifies limits of no-poaching agreements under German commercial law

  • Jones Day
  • -
  • Germany
  • -
  • October 25 2014

In a decision dated 30 April 2014, but published only recently, the German Federal Court of Justice ("FCJ") struck down an agreement between two

German labor and employment news (third quarter 2013)

  • Jones Day
  • -
  • Germany
  • -
  • February 28 2014

Regular readers of German Labor & Employment News know that under German law, termination of employment for operational reasons requires employees to

German labor and employment news first quarter 2013

  • Jones Day
  • -
  • Germany
  • -
  • July 12 2013

The dismissal of an employee for health reasons requires careful preparation and the observance of specific formalities if, in the case of an action

Germanyin October 2012, the German Federal Labour Court (Bundesarbeitsgericht) rejected an attempt by the acquirer of an insolvent company to circumvent European transfer of undertaking rules.

  • Jones Day
  • -
  • Germany
  • -
  • July 9 2013

The acquirer attempted to contractually transfer employees to a so-called "transitional company" (Transfergesellschaft) for a few hours only. The

Age-discrimination review of social-plan provisions in Germany

  • Jones Day
  • -
  • Germany
  • -
  • July 1 2011

The Federal Labor Court of Germany (“FLC”) decided on April 12, 2011 (1 AZR 76409), that generally, the severance claim resulting from a social plan may be calculated on the basis of factors which are determined or influenced by the age andor years of service of the individual affected employee, at least when the calculation favors older workers

Violation of a works council’s right of codetermination and the fruit of the poisonous tree

  • Jones Day
  • -
  • Germany
  • -
  • November 6 2008

In a December 13, 2007, decision, the Federal Labor Court opined on how to treat information that an employer had obtained illegally as part of a wrongful-termination action

“Spying” on employees in the workplacenot without the works council’s intervention

  • Jones Day
  • -
  • Germany
  • -
  • November 6 2008

The extent to which an employer may monitor employees using electronic technology has received a great deal of attention, whether such monitoring involves reviewing employees’ emails, monitoring employees’ telephone calls, or using recording devices to engage in employee surveillance

A works council’s right of codetermination with respect to an Ethics Code of Conduct

  • Jones Day
  • -
  • Germany
  • -
  • November 6 2008

Corporate adoption of Ethics Codes of Conduct has become increasingly common over the years

ECJ reaffirms indirect discrimination challenges in pay schemes

  • Jones Day
  • -
  • European Union, Germany
  • -
  • September 10 2008

Challenges to “indirect discrimination,” that is, to facially neutral practices that have a disproportionate adverse impact on women and other disadvantaged groupslong a staple of U.S. employment discrimination laware fast winning recognition in Europe