Louisa Kallhoff is an experienced Managing Associate in the Düsseldorf office and a member of Orrick's German Employment Law Practice.
Louisa advises national and international companies on all issues of individual and collective employment law.
The main focus of her practice comprises employment aspects of transactions and restructurings, as well as employment and labor law issues such as personnel leasing, co-determination of employees and service agreements of managing directors and board members. She also advises national and international companies on day-to-day employment law matters.
Louisa joined Orrick in 2016.
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 expressed their intention to support mobile work in Germany. It seems that these endeavours are picking up pace slowly but surely. In the first step, the minister of labor and social affairs had issued a draft bill in October 2020 containing an employee entitlement to work remotely for 24 days per year. This draft has been widely criticized by employers’ associations and legal experts. Against this background, a second draft has been worked out by the end of November. This draft bill is currently being discussed within the Federal Cabinet. READ MORE
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 clarification regarding occupational health and safety when working remotely. READ MORE
Deutsch: COVID-19-Krise: FAQ zum neuen Entschädigungsanspruch für berufstätige Eltern nach § 56 Abs. 1a IfSchG
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 procedure. The essential aspect under this legislative change is that under certain conditions, affected parents are granted a state-funded compensation claim under the German Infection Protection Act (Infektionsschutzgesetz – IfSchG), which is legally distinct from the contractual remuneration claim. READ MORE
Deutsch: COVID-19 Update: FAQs on Employment-related Aspects of the Coronavirus Pandemic for Employers in Germany
The consequences of the spread of the novel coronavirus (Sars-CoV-2) have reached the German labour market. Many companies are daily confronted with new and complex legal questions regarding the handling of coronavirus-related issues in employment relationships.
The following overview shows the most frequently asked questions and answers. READ MORE
This overview provides multinational employers practical advice to develop their coronavirus response strategy on an international level and to ensure a safe working environment for their employees under local employment and labor laws of Germany, France, Italy, UK and Japan. READ MORE
Due to increased awareness and reporting triggered by the international #metoo discussion, besides taking preventive measures, it is crucial for companies with employees in Germany to know what internal actions to take in the event an employee reports an incident of sexual harassment at the workplace. READ MORE
According to a survey by a national German newspaper, a large proportion of German whistleblowers are facing labor law and even health problems in connection with whistleblowing. 13 out of 20 whistleblowers subsequently lost their jobs. READ MORE
In Germany, regular works council elections are held every four years. The next election period is quickly approaching, starting on March 1, 2018.
Companies with business in Germany should prepare for the election process and employee initiatives to elect a works council. Our bilingual guide, based on years of experience, provides practical tips and legal considerations, navigates you through the election process and helps you avoid pitfalls that can be costly.
To access the full guide, please click here. If you have any questions, feel free to reach out to André Zimmermann, Head of our German Employment Law Practice, or Mike Delikat, Chair of our Global Employment Law Practice.
According to a recent decision of the German Federal Labor Court (Bundesarbeitsgericht – BAG), the use of a keylogger software, which records all keyboard entries on a workplace computer for covert monitoring and control of the employee, is prohibited if there is no suspicion of a criminal offense or severe breach of duty.
Although severely exceeding the limits of permissible private use of the workplace computer and Internet may in principle constitute such a grave infringement of the obligations under the employment relationship that a dismissal with immediate effect may be justified, it must be kept in mind that the employer bears the burden of proof for the employee’s misconduct in case of a claim for unfair dismissal.
If evidence is achieved in breach of the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG), this generally indicates that its utilization in legal proceedings may infringe the employee’s right on informational self-determination and, therefore, is not admissible evidence. READ MORE
As we reported last summer, Germany’s Financial Supervisory Authority (BaFin) set up a centralized platform for receiving whistleblower complaints of alleged violations of supervisory provisions within the financial sector.
Beginning this year, the BaFin implemented a new electronic system, allowing whistleblowers to submit their reports. The system guarantees the informants absolute anonymity, while on the other hand enabling the BaFin to make contact regarding possible inquiries. Thereby, although taking place on anonymous basis, the newly installed communication channel is expected to give BaFin the opportunity to verify the truth value of the submitted information by posing further questions, e.g. regarding the background of the complaint. READ MORE