German Employment Law

Cross-Border Layoffs in the Wake of the COVID-19 International Pandemic

As bars, restaurants, theatres, sporting and entertainment events, gyms, casinos, movie theatres, and other establishments shutter globally in response to the COVID-19 pandemic many employers have been forced to consider immediate layoffs of their employees around the world in response to their businesses having been essentially shut down. Other employers, faced with the possibility of a looming global recession, are preparing for potential future international layoffs. Significant pitfalls await employers conducting layoffs (temporary or permanent) outside of the U.S., which are heavily regulated by law, including mandatory severance payments, notice periods and cumbersome processes. We discuss some of these pitfalls for selected countries outside the U.S. including Australia, China, France, Germany, Japan, Russia, Spain and the UK below and discuss some of the early responses by countries like Spain and Germany to create exceptions to the normal requirements. READ MORE

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately?

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.
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COVID-19 Update: Germany to Give Easier Access to State-Funded Short-Time Working Allowance

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

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately?

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.
READ MORE

The Coronavirus in the International Workplace – How do Multinational Employers React Appropriately?

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.

READ MORE

The Coronavirus in the International Workplace – How Do Multinational Employers React Appropriately?

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

Do German Works Councils Have a Say on Company Twitter Accounts?

The German Federal Labor Court (Bundesarbeitsgericht – BAG) will rule on February 25, 2020 whether an employer must observe co-determination rights of the works council when using a Twitter account. READ 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. READ MORE

The Many Pitfalls of Fixed-Term Employment in Germany – Or: How Long is “Very Long”?

In Germany, fixed-term employment is strictly regulated: As a rule, fixed-term requires objective grounds that justify the limited term. There are exceptions for new hires: If the same employee has not been employed (on a fixed-term or open-ended) by the company before, as a rule, a fixed-term not exceeding two years is allowed including a maximum of three renewals within that period. READ MORE

Terminating the Managing Director of a German GmbH – How to Do it Legally Sound

The status of a managing director (Geschäftsführer) of a German limited liability company (GmbH) is determined (i) by the appointment as managing director and, thus, the corporate office as a legal representative of the company and (ii) by the underlying service agreement. If a company intends to separate from a managing director, both, the appointment and the service agreement have to be terminated. It’s important to realize that these are two different issues that need to be addressed when parting ways with a managing director. READ MORE