Archiv für die Kategorie ‘German Business Law’

Benefits of Outsourcing Your Internal Reporting Office in Germany: Advantages of an External Ombudsperson

Sep 19, 23 • Compliance • No Comments • Philipp Barring

Since July 1, 2023, the Whistleblower Protection Act (Hinweisgeberschutzgesetz, HinSchG) mandates that companies with over 250 employees establish secure channels for reporting misconduct. This requirement will be extended to companies with more than 50 employees as of December 17, 2023. External […]
GmbH Managing Director: No Personal Liability for Failure to Pay Minimum Wage in Germany

Sep 19, 23 • Employment Law • No Comments • Katharina Kastanov

In their professional capacities, managing directors of a GmbH (limited liability company) are subject to numerous liability risks due to their position of authority. As such, they can be held directly liable by the company’s creditors – with their personal assets, […]
The Ideal Company Purchase from The Buyer’s Point of View in Germany

Sep 19, 23 • Corporate Law • No Comments • Phillipp von Raven

Having already presented the ideal company sale from the seller’s point of view, we would now like to look at the company purchase from the buyer’s point of view. Agreement on purchase conditions Once the target company has been identified, the […]
Temporary Agency Work and Equal Pay in Germany: Collective Agreements May Allow for Lower Remuneration of Temporary Agency Workers

Jun 27, 23 • Employment Law • No Comments • Katharina Kastanov

The equal pay principle is a crucial prerequisite for temporary employment relationships in Germany. In these arrangements, temporary workers are assigned to the hiring company for a specified period to perform work according to the employer’s instructions. This principle ensures that […]
German Whistleblower Protection Act will Be in Effect Starting July 2023

Jun 27, 23 • Compliance • No Comments • Dr. Constantin Goette

After a slight delay and minor issues in the legislative process, the Whistleblower Protection Act is now on its way. Starting July 2023, the mandates of the European Whistleblower Directive (Directive (EU) 2019/1937) will be implemented in Germany as well, necessitating […]
Employee Leasing in Germany: The Employer Can Issue Directives by Virtue of The Contract

Mar 31, 23 • Employment Law • No Comments • Dr. Eric Uftring

Employers seeking to assign their employees to customers who intend to employ them within the framework of a service contract must make all contractual agreements clear in advance in order to avoid unintentionally slipping into unauthorized employee leasing. As it is, […]
Cross-border Divisions and Conversions Are Now Possible Within the EU and EFTA

Mar 31, 23 • Corporate Law • No Comments • Phillipp von Raven

With effect from March 1, 2023, German legislation has amended the German Transformation Act (UmwG) to include new provisions on cross-border divisions (Sections 320-332 UmwG) and cross-border conversions (Sections 333-345 UmwG). The so called Mobility Directive of the EU (Directive (EU) […]
Compliance Management in HR in Germany: Opportunity or Risk?

Mar 31, 23 • Compliance • No Comments • Dr. Constantin Goette

The Human Resources (HR) department plays an important role in a company’s compliance activities due to its operational relevance to personnel-related affairs, which is why it can both help and hinder a company’s compliance efforts. The integration of HR as a […]
Group-Wide Introduction of A Compliance Management System in Germany: A Legality Obligation of Parent Companies For Their Subsidiaries?

Dec 29, 22 • Compliance • No Comments • Dr. Constantin Goette

The topic of the group-wide obligation to establish a Compliance Management System is always the subject of controversial discussion in legal literature in Germany. According to advocates of this system, parent companies should ensure that the respective subsidiaries maintain effective compliance […]
GmbH Shareholder Meetings Possible Virtually in Germany

Dec 29, 22 • Compliance, Corporate Law • No Comments • Philipp Barring

The numerous positive practical experiences during the corona pandemic have prompted the legislator to make a small but significant change to the law: With immediate effect, German limited liability companies (GmbH) can also hold their shareholders’ meetings virtually without having to […]