Archiv für die Kategorie ‘Employment Law’

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 […]
Objective Criticism by Employees Doesn’t Justify Dismissal in Germany

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

Critical or unfriendly remarks made by an employee to his employer are protected by the freedom of opinion. They are no justification for dismissal, as long as the argument is objective. This is what the Higher Labor Court (Landesarbeitsgericht, LAG) of […]
In Germany Bonuses May be Credited Against the Minimum Wage

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

Is it possible to credit an attendance bonus paid by an employer to his employees for any month, in which they have no days of absence, against the minimum wage or is such bonus intended for a specific purpose to be […]
40 Euro Fine for Delayed Salary Payment

Jun 9, 17 • Employment Law • No Comments • Dr. Eric Uftring

First legal decisions regarding the 40 Euros delay charge have been taken by the Higher Labor Court Cologne and the Higher Labor Court Baden-Wurttemberg. According to their opinion, the delay charge of 40 Euros is also applicable for employments. Delay charge […]
Age Discrimination in Vacation Entitlements

Mar 31, 17 • Employment Law • No Comments • Dr. Eric Uftring

If a labor law regulation provides for unequal treatment in terms of vacation entitlements based on the employee’s age, such regulation is not per se impermissible. In other words: It may be admissible that older employees be granted more vacation days. […]