On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels enabling employees to report certain...more
Professional employer organizations (PEOs) are third-party organizations engaged by companies, usually domiciled in one country, to directly employ individuals based in another country. Such arrangements are being...more
Surprisingly, the German Federal Employment Court (BAG) decided on 13 September 2022 that an obligation exists for employers in Germany to comprehensively record employees’ working time (case reference 1 ABR 22/21). For...more
On 23 June 2022, the German parliament passed a bill to implement an EU directive on transparent and predictable working conditions into German law. Changes to the German Evidence Act (Nachweisgesetz – NachwG) are of...more
Due to rapidly increasing numbers of COVID-19 cases over the past few weeks, an amendment of the German Infection Protection Act (the Act) was passed last week. The amendments will enter into force on 24 November 2021. The...more
Quick action by politicians was required: In this episode, we present the amendments to the German Infection Protection Act that have just been passed and which employers must now observe on a daily basis: What does the...more
In this episode, we look at the most significant alterations in connection with a recent legislative change in Germany aimed to encourage the establishment of Works councils and to strengthen their rights. This is a...more
Currently, there is a lot of talk about applications for insolvency - one consequence of the pandemic. What does this actually mean for employers and employees? Commonly, neither management nor HR are prepared for such a...more
If an employer’s termination is deemed invalid in Germany, he will need to back-pay the remuneration since the presumed termination date. Considerable sums can accumulate in this regard. This risk is a key reason why many...more
German law generally does not include an obligation to fully measure employees’ working time. In a 2019 decision, the European Court of Justice (ECJ) demands working time measuring that is objective, reliable and accessible....more
Last year, the German Federal Ministry of Labor and Social Affairs (the Ministry) introduced specific health and safety regulations in the light of the pandemic. Today, the Ministry issued the new SARS-CoV-2 Occupational...more
The COVID-19 emergency led the Member States of the European Union to adopt appropriate preventive measures aimed at achieving a healthy and safe resumption of work activities and avoiding the spread of the virus at the...more
SUMMARY - In Germany, a new act relating to the immigration of skilled workers (Fachkräfteeinwanderungsgesetz) came into force on 1 March 2020. Due to the ongoing Covid-19 crisis, labour migration and the new act are...more
K&L Gates is proud to release the latest update of our Global Employer Guide. Created to complement our global employer solutions service, the interactive guide provides a quick, concise summary of the main employment law...more
SUMMARY -
In Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Tetsuji Shimizu (C-684/16), the European Court of Justice (the ECJ) decided that the provisions of the EU Working Time Directive (the Directive) and...more
In Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE (C-55/18), the European Court of Justice (ECJ) decided that, in order to comply with the provisions of the EU Working Time Directive (the Directive)...more
What has happened? -
On May 10, 2016, the leaders of the German government coalition agreed on a reform of the German legislation dealing with temporary agency work. The agreement follows months of dispute between the...more
Germany will introduce a statutory minimum wage of EUR 8.50 per hour, effective January 1, 2015. Minimum wages are already in place in some industries; for the first time in Germany, however, the new minimum wage will cover...more