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Orrick’s 101 – Employment Law in Germany NEW: Q&A on Family Friendly Rights

Germany scores well on family friendliness in the workplace. Statutory maternity and parental leave rights provide for a rather complex structure of maternity leave (Mutterschutz), parental leave (Elternzeit), parental...more

Orrick's 101 Employment Law in Germany Legal Q&A | the Many Pitfalls Of Using Contractors

This Legal Q&A two pager gives an overview of the potential problems of using contractors and freelancers in Germany, in particular the risk of misclassification. Incorrectly classifying an employee as a contractor can have...more

Orrick's 101 Employment Law In Germany - Legal Q&A | Non-compete Clauses

This Legal Q&A two pager gives an overview of non-compete clauses with a focus on postcontractual non-competes. Non-compete clauses can effectively protect the know-how of companies, especially in the tech sector. But their...more

Orrick's 101 Employment Law in Germany Legal Q&A | Fixed-term Contracts

German employment law provides for rather strong dismissal protection. This is the main reason why more and more employers are hiring employees on a fixed-term basis, since this will in most cases end employment legally...more

Orrick's 101 - Employment Law In Germany - Employers' Essentials (2021 Edition)

Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees. This is especially true for...more

Germany to Boost Works Council Rights Amid the Pandemic

The Federal Cabinet has introduced a draft bill to make it easier for employees to establish and elect works councils and to facilitate the works councils’ work in an increasingly digitalized work environment, the...more

Orrick’s 101 – Employment Law in Germany NEW: Q&A on Reference Letters

Employers in Germany should not underestimate the meaning of reference letters – the German Arbeitszeugnis. German employment law and employment practice provide employers with clear guidelines as to when and how they must...more

Orrick’s 101 – Employment Law in Germany: Legal Q&A I Labor Court Proceedings

Labor court proceedings are of great importance in Germany. Employees and employers often meet again in court, especially when it comes to the termination of their employment relationship. The German labor court procedure has...more

Update: Occupational Health and Safety During the Pandemic

For as long as the threat of infection from COVID-19 remains, businesses will have to maintain a safe and healthy workplace to an increased degree. In order to clarify and sort out the large number of recommendations, the...more

Orrick’s 101 – Employment Law in Germany - New: Employers’ Essentials (2021 Edition)

Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees. This is especially true for...more

Germany’s Federal Labor Court Boosts Enforcement of Equal Pay

Germany is not exactly known to be a pioneer when it comes to equal pay. In Germany, the pay gap remains particularly large and is only closing slowly, according to the Federal Statistical Office. The Federal Labor Court now...more

Germany: New Right to Work From Home During the Pandemic

On 19 January 2021, the German Chancellor and Federal Prime Ministers passed a new resolution on further measures to combat the Corona pandemic. The Federal Ministry of Labor and Social Affairs implemented this resolution in...more

Mobile Working in Germany – New Draft Bill Currently Under Discussion

The legal framework for regular work in the mobile office is currently still lacking in Germany—the Federal Ministry of Labor and Social Affairs wants to close this gap. The German government coalition parties have always...more

Crowdworkers Can Be Employees in Germany!

The German Federal Labor Court decided in an eagerly awaited ruling that crowdworkers or microtaskers can be classified as employees under German employment law. The decision will likely have significant impacts for the...more

COVID-19 Germany: The New Corona-Warn-App – What Employers Need to Know

A few days ago, the much-anticipated official Corona-Warn-App, commissioned by the German government, went live – and has since been downloaded over 10 million times. The goal is to convince as many people as possible to use...more

Legal Q&A | Non-Compete Clauses

This Legal Q&A two pager gives an overview of non-compete clauses with a focus on postcontractual non-competes. Non-compete clauses can effectively protect the know-how of companies, especially in the tech sector. But their...more

Legal Q&A | The Many Pitfalls Of Using Contractors

This Legal Q&A two pager gives an overview of the potential problems of using contractors and freelancers in Germany, in particular the risk of misclassification. Incorrectly classifying an employee as a contractor can have...more

COVID-19 Germany: Can You Terminate Employment During Short-Time Work?

The COVID-19 crisis led to drastic changes in employment. Although measures have been taken by the German legislator and the government to secure jobs, staff cuts appear inevitable for many companies as the crisis progresses....more

COVID-19 Germany: Working From Home and Employer Reimbursement of Remote-Work Expenses

Due to the pandemic-related increase in remote work, questions come up who will end up bearing additional costs – such as increased electricity costs and expenses for cell phone and internet plan. There is also a need for...more

COVID-19 – European OSHA Gives Guidance on Returning to Work

When starting to take steps to return to a new normal where business continues, even as outbreaks may flare up, employee health and safety certainly are top of mind. Since many EU member states are loosening up COVID-19...more

COVID-19 Germany: German Government to Approve New Benefit Packages for Employers

The German government has agreed on additional benefit packages worth billions. Companies that recently implemented short-time work and their employees are to profit from this....more

COVID-19 Germany: How to Handle Short-Time Work Amid the Crisis – A Q&A for Employers

In the wake of COVID-19, many companies in Germany implemented short-time work (Kurzarbeit) in order to safeguard jobs and save on personnel. In our previous blog, we outlined the application process and provided an overview...more

German Government Gives Guidance on COVID Safety Protocol for Employers

Employee health and safety are top of mind when it comes to work in times of the pandemic – and when starting to take steps to return to a new normal where business continues even as outbreaks may flare up. When the lockdowns...more

COVID-19 Update: Germany to Give Working Parents State-Funded Compensation Claim During Closure of Childcare and Schools

For working parents who are unable to fulfil their working duties due to the closure of kindergarten, day care centre and/or school as a result of the pandemic, the German parliament has passed a new law in a fast-track...more

COVID-19-Krise: FAQ zum neuen Entschädigungsanspruch für berufstätige Eltern nach § 56 Abs. 1a IfSchG

Für berufstätige Eltern, die infolge der pandemiebedingten Schließung von Kindergarten, Kindertagesstätte und/oder Schule ihrer Arbeitspflicht nicht nachkommen können, hat der Gesetzgeber im Eilverfahren ein neues Gesetz...more

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