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Germany: Employee monitoring by keylogger software unlawful except in case of severe suspicions
  • Bird & Bird
  • Germany
  • August 7 2017

The German Federal Labour Court (BAG) held on 27 July 2017 that the hidden use of keylogger software for the purpose of employee monitoring violates


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

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


Access to the internet may be "necessary" for works councils, decision of the Federal Labour Court dated 20 January 2010
  • Bird & Bird
  • Germany
  • August 12 2010

Under German law the employer bears certain of the works council's costs, including the cost of any equipment the works council requires to fulfil its duties


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


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


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


Are job applicants entitled to reasons from the employer for not getting the job? Decision of the Federal Labour Court, 20 May 2010
  • Bird & Bird
  • Germany
  • August 12 2010

The German Federal Labour Court has referred questions on the application of the Equal Treatment Directives and their implementation into German law to the ECJ for a preliminary ruling


Federal Labour Court, judgment of 20 January 2009, 1 AZR 51508
  • Bird & Bird
  • Germany
  • June 15 2009

A trade union in charge of matters regarding the affected company is allowed to approach employees of this company with advertising and information via their business email addresses


Federal Labour Court, judgment of 21 August 2008, 8 AZR 40707
  • Bird & Bird
  • Germany
  • June 15 2009

In the transfer of a business, pursuant to sec. 613a (5) German Civil Code, the business transferor or the transferee has to notify the identity of the business transferee


European Court of Justice, judgment of 12 February 2009, C-46607 regarding Directive 200123EC
  • Bird & Bird
  • European Union, Germany
  • June 15 2009

Until now, according to the Federal Labour Court's Decisions, a business that was transferred during a transfer of a business pursuant to sec. 613a German Civil Code had to maintain its organisational independence in order for a transfer of business to be at hand