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German tax aspects of secondments
  • Bird & Bird
  • Germany
  • June 30 2011

Globalization has led to increasing cross-border secondments of management and other employees


Revocation of a company car: Federal Labour Court (Bundesarbeitsgericht), judgment dated 19 December 2006
  • Bird & Bird
  • Germany
  • October 9 2007

Many employers grant a company car to employees that can be used for private purposes


The 3 week limitation period in which employees must raise claims of unfair dismissal also applies to claims for unpaid statutory notice entitlement, decision of the Federal Labour Court, 01.09.2010
  • Bird & Bird
  • Germany
  • June 3 2011

Notice of termination, which did not comply with the minimum statutory notice period, resulted in a valid termination on the expiration of the notice given as the employee did not challenge the termination within the 3 week limitation period for raising a claim of unfair dismissal


Absence due to illness does not result in the forfeiture of holiday entitlements
  • Bird & Bird
  • European Union, Germany
  • 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


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
  • Germany
  • 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


An advertisement for a job vacancy can constitute discrimination on the grounds of age, decision of the Federal Labour Court, 19.8.2010
  • Bird & Bird
  • Germany
  • June 3 2011

An advertisement for a job vacancy breaches the General Equal Treatment Act (the AGG), and constitutes age discrimination, if it specifically stipulates that the company is looking for "young" applicants


Exact timing of the notice of dismissal important in determining day on which termination "received" by the employee, decision of the Regional Labour Court, Cologne, 17.09.2010
  • Bird & Bird
  • Germany
  • June 3 2011

Written notice of dismissal posted into an employee's home mailbox after 4 pm on a work day should not be considered as having been received on that day


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
  • Germany
  • 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"


Stuttgart Labour Court, decision of 15 April 2010
  • Bird & Bird
  • Germany
  • August 12 2010

Discrimination in employment (including conditions for access to employment) on the grounds of race or ethnic origin, gender, religion or secular belief, disability, age or sexual identity is prohibited in Germany under the General Equal Treatment Act (the "AAG") which came into force on 14 August 2006


The end of the principle of uniform collective bargaining agreements ("Tarifeinheit"), decision of the Federal Labour Court, 23 June 2010
  • Bird & Bird
  • Germany
  • August 12 2010

For over 50 years the principle of uniform collective bargaining agreements has been an established part of German case law