is an Associate in the Düsseldorf office and a member of the Employment Law
Marianna advises national and international
companies on all issues of individual and collective employment law.
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.
Marianna joined Orrick in 2019.
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 “Betriebsrätemodernisierungsgesetz“.
Less Red Tape and More Protection
The draft bill intends to facilitate the establishment of works councils, in particular in smaller companies and to strengthen the protection of the employees involved. To justify the need of the draft bill, the Federal Cabinet relies on statistics according to which only 9 % of the operations in western Germany with works council capacity have elected a works council. Employers shall be hindered to prevent the election of a works council in a more effective manner than before.
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 German government has updated the SARS-CoV-2 Occupational Health and Safety Standard for employers from April 2020 of which we had highlighted the key points here. It has also updated the SARS-CoV-2- Occupational Health and Safety Rule which serves as concretization of the Health and Safety Standard. READ MORE
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
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 so-called gig economy. Although the ruling will not render the business model entirely impossible, platform operators will have to review and possibly reconsider their processes. READ MORE
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 the track-and-trace-app to curb the spread of COVID-19. While extensive use of the app can be a benefit for employers who are looking at re-opening and return to work planning, some legal questions come up in the employment context.
How Does the App Work? READ MORE
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 lockdowns, employers need to know how to ensure a safe environment for their employees when they come back to the workplace. READ MORE
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 of the updated short-time work regulations introduced by the German government in the light of the coronavirus crisis.
Now that short-time work has been implemented, employers are facing questions arising from the handling of short-time work in practice in the day-to-day. We answer the most frequently asked by employers below.
- Secondary employment – Are employees allowed to have a secondary employment during short-time work? If so, how does this affect the short-time work allowance?
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 updated 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 UK, France, Germany, Italy, and Japan. Stay tuned for updates as new developments occur.
On March 13, 2020 the German parliament passed the “law on the crisis-related temporary improvement of the regulations for short-time work allowance” (Gesetz zur befristeten krisenbedingten Verbesserung der Regelungen für das Kurzarbeitergeld) in a fast-track procedure which gives companies easier access to state-funded short- time work allowance (Kurzarbeitergeld) amid the coronavirus outbreak. READ MORE