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Results: 1-10 of 39

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

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


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


Wrongful compliance system can seriously backfire for German companies
  • Bird & Bird
  • Germany
  • July 11 2013

A new decision of the Federal Labour Court has highlighted the risks of wrongful compliance system for German companies. Compliance is a major issue


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


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"


New data protection regulations proposed
  • Bird & Bird
  • Germany
  • June 3 2011

Since 1 September 2009 protection of employee personal data has been regulated by Section 32 of the Federal Data Protection Act (BDSG


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


Employment update, Germany June 2007
  • Bird & Bird
  • Germany
  • 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