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Three Things You Should Know About The Termination Of Employment in Germany 

Welcome to Germany. As an Expat in Germany, you maybe think that Germans always have the perfect regulation for each situation. And yes, you are almost right. Leaving your job has also been regulated legally and there are extreme precise regulations you shall respect If you are leaving your job in Germany. Nope, to just take your stuff and leave is not allowed. Here three things you should know about the termination of employment in Germany: The termination of employment relationships by notice of termination or termination agreement must always be made in writing in order to be effective, Section...

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Deceased employee’s request for termination agreement effective

Termination Agreement: What happens in Germany if a contractual termination agreement has been already been signed and the employee dies afterwards? Is the termination agreement still valid? The Landesarbeitsgericht Baden-Württemberg has already decided (judgement of 15.12.2021, 2 Sa 11/21). If the death of the employee occurs during the contract conclusion phase of a termination agreement, the agreement is effective unless a different will of the requesting party is to be assumed. A termination agreement is a contractual agreement between employer and employee terminating the employment relationship at a certain point in time. In comparison to a notice of termination, which takes effect...

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Work leave during vacation days with an official quarantine order

Leave despite Corona quarantine Order If an employee does not submit a medical certificate of incapacity for work despite an official quarantine order, vacation days will be credited: Cologne Regional Labor Court, judgment of 13.12.2021, 2 Sa 488/21 Employees who have to go into an officially ordered quarantine during their vacation days are credited with these days even if the employee cannot use his vacation days due to the domestic quarantine. This decision of the Bonn Labor Court (Bonn Labor Court, judgment of July 7, 2021, 2 Ca 504/21) has now been confirmed by the Cologne Regional Labor Court (LAG)...

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Employees Rights and Duties in Germany

The rights and duties of the employee, are regulated by individual law and written down in the employment contract. The employee makes his or her work performance available to the employer in return for payment. One of the fundamental condition for an employee ist that there must be a service relationship under private law, i.e. an employment contract.The employee is integrated into the employer’s organisation and is bound by instructions as to the content, performance, time and duration as well as the place of the activity. The general rights of the employee include: the right to employment, the receipt of income Read more…

By horak Attorneys at law, ago

Revocation of “Telework”: Decision of the Federal Labour Court

Can your boss just revocate the possibility to do “telework”? Is the consent of the work council necessary? If an employer intends to revoke a telework agreement, it must generally obtain the consent of the works council: Federal Labour Court, decision of 20.10.2021, 7 ABR 34/20. The Case: In a recent case, the question arose as to whether the revocation of a telework agreement constituted a transfer within the meaning of section 99 (1) BetrVG and thus required the works council’s consent. The Federal Labour Court (Bundesarbeitsgericht, BAG) now announced in a decision of 20.10.2021, 7 ABR 34/20, that the termination Read more…

By horak Attorneys at law, ago

German Individual and Collective Labour Law

Labour law includes all legal rules relating to a service rendered within the framework of a dependent activity. It can be divided into individual and collective labour law. These two areas are not always clearly distinguishable from each other. The following figure shows an overview of labour law in Germany – in terms of legal sources, areas and stakeholders. Did we catch your attention? Do you want to know more about German Labour Law? CONTACT US.  We also offer labour law seminars on request. Get in touch with us. 

By horak Attorneys at law, ago

Labour Law Protagonists and Roles

Who are the protagonists of the German Labour Law System? The German labour law system distinguishes between the following protagonists: International workers in Germany? You should have a look at the following article.  Employee: An employee in the sense of labour law is someone who works for another in personal dependence on the basis of a contract regulated under private law for remunerated services. In order to distinguish employees from self-employed persons, German case law has developed many individual criteria: This includes whether and that a person is bound to a specific place and time, is integrated into the company organisation Read more…

By horak Attorneys at law, ago

What is collective labour law?

Collective labour law can be subdivided into two levels:

Collective bargaining law – the level dealing with relations between trade unions, employer associations and individual employers.

Workplace labour relations law (also known as works constitution) – the level dealing with relations between employer and workforce in individual establishments.

Collective bargaining law

Collective bargaining autonomy is among the constitutionally protected rights of trade unions and employer associations. The collective bargaining partners thus have the right to enter into collective agreements under their own responsibility. (more…)

By horak Attorneys at law, ago

What is individual labour law?

The central purpose of labour law is to protect employees. Employees are dependent on their employers, not just economically, but personally under their contract of employment. The resulting need for special protection is met by labour law. The basic idea of labour law is to bring about a fair balance of interests between employers and employees. The main purpose of labour law consists of protecting employees from violations of personal integrity, economic disadvantage and health risks involved in working as an employee.

Home workers, who are especially economically dependent on their employers, are also covered by labour law, partly under special provisions and partly under provisions applying to all employees. Labour law is divided into individual labour law, which governs relations between employers and employees, and collective labour law, which applies to legal relations between unions and employer associations at company and most of all at inter-company level.

Individual labour law centres on the relationship between a person in work and his or her employer, as governed by the employment contract between them.

There are two main questions dealt with by every employment contract: what work you are expected to do, and what pay you are entitled to in return. (more…)

By horak Attorneys at law, ago

The pandemic for minijobbers in Germany – Federal Labour Court

The influence of a worldwide pandemic for minor employees : Federal Labour Court, judgement of 13.10.2021, 5 AZR 211/21 A decision has been made: no remuneration for mini-jobbers in case of official shop closure during the pandemic crisis. Let us have a closer look at the case:  20.10.2021. Due to the state issued “hard lockdown” at the beginning of the Corona pandemic, many employees could no longer fulfil their employment positions.To ensure workers’ compensation and employers’ solvency, the federal government simplified the requirements for receiving short-time allowance (Kurzarbeit). This allowed employees subject to social security contributions to receive short-time allowance. On Read more…

By horak Attorneys at law, ago