Archiv für die Kategorie ‘Employment Law’

Half a Holiday Is Not a Holiday

Sep 26, 19 • Employment Law • No Comments • Dr. Eric Uftring

In Germany, there are always disputes between employers and employees regarding holidays. Employers and employees are often unable to agree on the periods during which leave is to be taken. The legislation stipulates that, if possible, holidays are granted for several […]
Time Recording for Every Employee in Germany?

Jun 28, 19 • Employment Law • No Comments • Dr. Eric Uftring

The “time clock judgement” of the European Court of Justice (ECJ) of 14 May 2019 made a lot of waves. Accordingly, employers are required to monitor the daily working hours of their employees. This is designed to ensure compliance with the […]
Managing Directors Are No Employees in Germany

Mar 29, 19 • Employment Law • No Comments • Dr. Eric Uftring

Legal position of German managing directors Virtually everyone knows: Managing directors are usually entrusted with the senior management of a company. But when it comes to deciding whether or not a managing director is also an employee, opinions differ. Even before […]
Business Trips Treated as Working Time – A Journey into the Unknown?

Dec 19, 18 • Employment Law • No Comments • Dr. Eric Uftring

International business trips are becoming increasingly more common for German companies. Hence, the question arises as to whether employees are entitled to remuneration for business trips. The remuneration is particularly problematic if no provisions are included in collective or individual employment […]
Video Surveillance of Employees in Germany – When Do Video Recordings Have to Be Deleted?

Oct 2, 18 • Employment Law, Privacy Law • No Comments • Olga Stepanova

An ever increasing number of employers are considering to monitor their employees by video surveillance if they suspect them of not fulfilling their duties under the employment contract. In this context, the Federal Labor Court (BAG) recently ruled that recordings obtained […]
Can Vacancies Abroad Also Be Filled by Employees Dismissed for Operational Reasons?

Sep 27, 18 • Employment Law • No Comments • Dr. Eric Uftring

Any employee, who has been working for a German company with more than 10 employees for a period longer than six months, enjoys protection against dismissal under the German Protection against Unfair Dismissal Act. This means that dismissals are subject to […]
Concluding fixed-term Employment Contracts Easier for Start-ups in Germany

Jun 28, 18 • Employment Law • No Comments • Dr. Eric Uftring

When starting an enterprise, many steps need to be taken: selecting the business form, registration, opening a business account. For many founders, the recruitment of employees is also on top of their to-do list. There are good reasons why employees mostly […]
Penalties Continue to Apply for Late Payment of Wages and Salaries in Germany

Mar 28, 18 • Employment Law • No Comments • Dr. Eric Uftring

Employers are required by law to pay wages and salaries on time. If they fail to do so, they risk a penalty. Since July 01, 2016, a fixed sum of 40 euros is payable as lump-sum compensation for late payments. This […]
Pay Transparency in Germany: The Company’s Size is Decisive

Feb 22, 18 • Employment Law • No Comments • Dr. Eric Uftring

The so-called Pay Transparency Act (Entgelttransparenzgesetz; “EntgTranspG”) already came into force on July 06, 2017. It is intended to help enhance compliance with the requirement of equal pay for men and women doing the same or equivalent work. On January 06, […]
Monitoring Employees Without Cause Using Keylogger Software is Inadmissible in Germany

Dec 29, 17 • Employment Law • No Comments • Dr. Eric Uftring

The Federal Labor Court (Bundesarbeitsgericht; “BAG”) recently decided that employers must not monitor their employees using a so-called keylogger software, unless the employee is suspected of having committed a criminal offence or a serious breach of duty. A keylogger software captures […]