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Managing employees in Germany – What US inhouse counsel and multinationals should know

Managing workforce in the relatively strict and extensive jungle of Germany's employment law provisions can be difficult, especially for multinationals and US inhouse counsel who are used to at-will terminations and are not...more

Paperless Office No More – New Red Tape for Employers in Germany

On June 23, 2022, the German Bundestag passed a bill to transpose the EU Directive on Transparent and Predictable Working Conditions into German law. By August 1, 2022, companies will have to comply with a comprehensive...more

Pitfalls for Startups in Germany when Drafting Job Ads

Here's what happened: A Berlin startup wrote in its job ad that it is looking for a "(Junior) Key Account Manager". The company's description referred to "a young team with flat hierarchies". A 50-year-old whose application...more

Orrick’s 101 - 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

Germany Works Council Elections 2022: Practical Guidelines for Companies - A More Modern Works Council?

In Germany, regular works council elections are held every four years, from March 1 through May 31. The next election period will begin shortly, starting on March 1, 2022. Companies should prepare early on for the election...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 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 - 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

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 – Legal Q&A Non-Compete Clauses

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

Legal Q&A | Employee Representation - February 2020

German employment law provides for a sophisticated system of employee representation. The employees' representative body on operational level is the works council (Betriebsrat). The works council is to be involved in...more

Orrick's 101- Legal Q&A | Termination Of Employment

In Germany, employees enjoy rather strong protection against termination of employment. Additionally, there are some form requirements employers must observe. This Q&A two pager gives a basic overview of the termination...more

Crowdworkers Are Not Employees Under German Employment Law

In one of its latest rulings, the Regional Labor Court of Munich concluded that crowdworkers or microtaskers are not employees under German employment law. However, the Court has allowed an appeal to the Federal Labor Court....more

Orrick’s 101 – 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

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