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This series of articles addresses and corrects some of the most common misconceptions in German employment law. Part Four deals with misconceptions relating to when an employer can terminate an employee and formal requirements for a termination. As described in Part One to Three of this series (links provided at the end of this article), there are many misconceptions relating to German labour law that…
In Germany, when a substitute works council member is appointed to a works council to cover a regular member’s absence, the substitute member benefits from the additional protection against dismissal works council members enjoy. This article outlines the issues for employers to be aware of in considering terminating the employment of a substitute works council member. To ensure the continued functioning of the works council,…
The German Federal Labour Court has clarified how premiums for overtime for part-time workers should be calculated to avoid discrimination, overruling its previous case law. Two lawyers, three opinions? Legal disputes in labour law in Germany generally end with a clarifying decision by the Federal Labour Court. This is not the case with the question of when enhanced rates of overtime pay should also be…
The second in a series on ‘the perfect restructuring’ in an employment law context, this article examines best practice for handling the kick-off with the works council for a business restructure from a German perspective. Having presented the preparation and planning phase in part 1 of our series on restructuring, in part 2 we will devote ourselves to the start of the negotiation phase. In this phase,…
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…
The following remarks are intended to provide a short outlook on the significant amendments to employment law in Germany in 2017. From 1 January 2017, several changes to German Labour Law took effect. The statutory minimum wage was increased from EUR 8.50 to 8.84 gross per hour, the rights of temporary employees have been strengthened and certain abuses of work contracts have been prevented. From…