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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


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"


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


Separation agreement - interpretation of a general settlement clause: Regional Labour Court for the State of Hesse (Hessisches Landesarbeitsgericht)
  • Bird & Bird
  • Germany
  • February 5 2008

Many employers enter into separation agreements with employees who have to leave employment


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


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


Employment update, Germany - September 2008
  • Bird & Bird
  • Germany
  • August 26 2008

Under German law, an employee may obtain a contractual entitlement against the employer as a result of a so-called “operating routine”. Such a routine results from a repeated, unreserved and uniform benefit provided by the employer


Key national data protection developments in 2010
  • Bird & Bird
  • Germany
  • December 22 2010

The 2009 "data protection scandals" (involving inter alia Deutsche Bahn's mass screening of 230,000 employees) were one of the main reasons for last year's amendments to the Federal German Data Protection Act (GDPA


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