With our newsletter, we offer you a practice-oriented analysis of the most important case law and recent developments in the area of labor and works constitution law in Germany.

The aim of our advice is to represent you and resolve your concerns in the best possible way. We look forward to exchanging ideas with you and will be happy to answer your questions. Please feel free to contact any member of our team at any time.

The entire issue is available as PDF download here (German language).

Please also visit our international employment law blog, Global Workplace Insider.

Insights 2023

Termination of (agreed) work from home

Termination of (agreed) work from home

In order to increase presence in the office, many employers are renegotiating existing provisions on working from home. In doing so, the interests of employers in increasing productivity and employees in flexible working conditions must be balanced. In addition to personnel management issues, legal hurdles in particular need to be taken into account if employees are to be brought back to the office.

Germany | Publication | December 13, 2023
Employment law aspects of the new whistleblower protection

Employment law aspects of the new whistleblower protection

The "Act for Better Protection of Whistleblowers" (Hinweisgeberschutzgesetz – HinSchG), which came into force on 2 July 2023, introduced specific legal requirements for employers regarding the handling of whistleblowers and the information disclosed. Employers are now required to provide a reporting channel and protect whistleblowers from reprisals. For HR managers, this primarily means an increased administrative burden.

Germany | Publication | December 12, 2023
Current developments in working time recording

Current developments in working time recording

Since the Federal Labour Court (Bundesarbeitsgericht – BAG) clarified, in its ruling of 13 September 2022 (ref. 1 ABR 22/21), that employers are obliged to record working hours, employers have been waiting for a new legal regulation on the structure of working time recording.

Germany | Publication | December 12, 2023

Insights 2023

Termination of (agreed) work from home

Termination of (agreed) work from home

In order to increase presence in the office, many employers are renegotiating existing provisions on working from home. In doing so, the interests of employers in increasing productivity and employees in flexible working conditions must be balanced. In addition to personnel management issues, legal hurdles in particular need to be taken into account if employees are to be brought back to the office.

Germany | Publication | December 13, 2023
Employment law aspects of the new whistleblower protection

Employment law aspects of the new whistleblower protection

The "Act for Better Protection of Whistleblowers" (Hinweisgeberschutzgesetz – HinSchG), which came into force on 2 July 2023, introduced specific legal requirements for employers regarding the handling of whistleblowers and the information disclosed. Employers are now required to provide a reporting channel and protect whistleblowers from reprisals. For HR managers, this primarily means an increased administrative burden.

Germany | Publication | December 12, 2023
Current developments in working time recording

Current developments in working time recording

Since the Federal Labour Court (Bundesarbeitsgericht – BAG) clarified, in its ruling of 13 September 2022 (ref. 1 ABR 22/21), that employers are obliged to record working hours, employers have been waiting for a new legal regulation on the structure of working time recording.

Germany | Publication | December 12, 2023

Insights 2022

Adjustment of employment contracts due to amendments to the Nachweisgesetz (NachwG)

Adjustment of employment contracts due to amendments to the Nachweisgesetz (NachwG)

The “Act on Proof of the Existence of an Employment Relationship” (Nachweisgesetz – NachwG) requires employers to set out the essential contractual terms of their employees in writing. The amendment to the Nachweisgesetz came into force on 1 August 2022 and transposes the EU Directive (2019/1152) on Transparent and Foreseeable Working Conditions (the Directive) into national law (BGBl. I 2022, p. 1174).

Publication | November 23, 2022
Protection of know-how and confidentiality clauses in employment contracts

Protection of know-how and confidentiality clauses in employment contracts

Clauses protecting know-how and business secrets are regularly found in employment contracts. In order to assert claims against employees who violate secrets, employers must observe certain requirements. Recent labour court decisions clarify the standard to be applied to appropriate concepts for the protection of secrets.

Publication | November 23, 2022
Working time compliance: BAG ruling on systematic recording of working time

Working time compliance: BAG ruling on systematic recording of working time

According to prevailing opinion in legal practice, employers were only required to keep records of working hours with regard to overtime and working on Sundays, asset out in Section 16 (2) of the Working Time Act (Arbeitszeitgesetz – ArbZG).

Publication | November 23, 2022


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Claudia Posluschny
Head of Munich
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Frank Weberndörfer
Partner
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Jörn Twisselmann
Associate
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T: +49 (40) 970799143
Christina Wiesel
Christina Wiesel
Associate
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christina.wiesel@nortonrosefulbright.com
T: +49 89 212148 359
Michaela Zenkert
Michaela Zenkert
Senior Associate
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michaela.zenkert@nortonrosefulbright.com
T: +49 (89) 212148452
Roman Kalitsev
Roman Kalitsev
Associate
Email
roman.kalitsev@nortonrosefulbright.com
T: +49 89 212148 307

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