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Kategorie: Germany

Ius Laboris Germany - KLIEMT.Arbeitsrecht

Germany: The perfect restructuring (part 1)

When it comes to restructuring projects, companies often face a range of challenges. These include numerous factors that may directly or indirectly trigger employment law consequences. The perfect restructuring succeeds and begins in (allegedly) prosperous times and not when signs already point to a crisis. In this series of articles, we will examine the strategic and employment law aspects of restructuring. Part 1 deals with the business context, the different phases of restructuring and some core elements of the preparation and planning phase. Ganzen Artikel lesen

Ius Laboris Germany - KLIEMT.Arbeitsrecht

Germany: Pay Transparency Act – Does it work?

Pay Transparency Act
Germany has introduced the Pay Transparency Act which came into force on 6 July. The Act is intended to reduce the gender pay gap, but whether it turns out to be a “bureaucratic monster” as some predict, or a “breakthrough for fair pay for women”, as the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is calling it, remains to be seen. Ganzen Artikel lesen


Italy, France, Germany, Sweden and USA: Dress code and appearance policies

Personal dress and appearance is a common way individuals express their personality, including their political and religious views. Unfortunately, the personal choices individuals make in attire, hairstyle and other personal appearance factors may collide with workplace rules, creating conflicts. 

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EU General Data Protection Regulation (GDPR) – countdown of one more year

Die EU-Datenschutz-Grundverordnung – noch ein Jahr bis zur Anwendbarkeit
- bi-lingual posting / zweisprachiger Beitrag -
The European General Data Protection Regulation (GDPR) will become applicable throughout the European Union on 25.05.2018, with additional national legislation. By then, companies need to be compliant. The German Bundesrat has recently passed the new Bundesdatenschutzgesetz, which will adapt the European Regulation into national German law. This means that now there is full clarity about the wording of the new law. Ganzen Artikel lesen


Sexual harassment: How must employers in Europe respond?

More than half the women surveyed by the TUC earlier this year said that they had been sexually harassed at work, with most admitting they had not reported it. But British women are not the only ones to be subjected to unwanted sexual advances, inappropriate jokes and comments, or groping in the workplace. In Australia, for example, research suggests that the rate of sexual harassment has increased by over 12 per cent since 2011, while figures from the United Nations have shown that between 40 and 50 per cent of women in EU countries have been affected. Ganzen Artikel lesen


Call for German-style system in the UK on pregnancy and maternity discrimination

The UK Parliament’s Women and Equalities Committee recently highlighted a “shocking” increase in workplace pregnancy discrimination, with the number of expectant and new mothers forced to leave their jobs almost doubling since 2005. Although such discrimination is already unlawful, the select committee has called for German-style employment rights which go much further to protect women in these circumstances. The committee has also called for a big reduction in fees for making tribunal claims, a longer period to make claims and increased protection for casual, agency and zero-hours workers, saying that the UK government’s approach had so far lacked “urgency and bite”. Ganzen Artikel lesen


Drug abuse and employment law in Europe

Most of the time, taking medication in the workplace creates no problems. Most prescription drugs have little impact on an employee’s ability to work safely. Some drugs, however may affect the employee’s safety or ability to focus. There is therefore considerable potential for prescription drugs to raise problems in the workplace. Ganzen Artikel lesen


The hidden dangers of “Uberizing” a workforce

Technology is changing how, when and where we work. With these changes come shifting attitudes in how workers view their relationship with employers. The “on-demand” economy purports to bridge this gap, giving workers flexibility to choose when to work and connecting employers with available skilled labor when they need it most. The on-demand model would appear to provide both workers and employers what they want. But what hidden dangers lie in “Uberizing” your workforce? Ganzen Artikel lesen


Decisions are made on the pitch – fixed term employment contracts with professional footballers

Fixed term employment contracts
All theory is academic – decisions are made on the pitch. These words of Alfred (Adi) Preißler, the famous footballer and trainer, aptly sum up the legal position of employment contracts in professional football. Or at all events they certainly apply if we follow the arguments of the Rhineland-Palatinate Higher Labour Court. In the case of the former Mainz goalkeeper Heinz Müller, there was a short period when Mainz Labour Court shocked the German football world, but the subsequent decision of the Rhineland-Palatinate Higher Labour Court calmed things down for a while. The main reason for this was because it opened the way for the Federal Labour Court to decide the issue once and for all. However, it would not be surprising if the Heinz Müller case ends prematurely with a settlement. Ganzen Artikel lesen