Jurisdiction: Germany

Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, TUPE

Germany: Changes to maternity rights

Recently, the German Federal Cabinet approved the draft law which provides for new regulations on maternity protection. The reform will become effective as from 1 January 2017.

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Germany: Reforms to temporary agency work law and company pensions

The last few months saw legislative progress in two areas: temporary agency work and company pensions.

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UK: HSF Global Guide to Whistleblowing

Herbert Smith Freehills has published the first edition of a Global Guide to Whistleblowing, providing a quick reference guide to the law and culture around employees 'blowing the whistle' in 40 key jurisdictions covering in EMEA, the Americas and Asia … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, Resources, Whistleblowing

Germany: Facilitated entry for asylum seekers to the German employment market

In the light of increased numbers of refugees seeking asylum in Germany, legal acts have been issued over the last few years to facilitate entry into the German employment market and to reduce administrative hurdles for employers, especially when it … Continue reading

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Germany: Ongoing efforts by authorities to prevent ‘false self-employment’

For decades German companies have been engaging freelancers instead of or in addition to regular employees to achieve more flexibility, save social contributions and avoid bureaucratic burdens. While in many cases this practice is neither illegal nor illegitimate, social security … Continue reading

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Filed under Employment status, Jurisdiction: Germany

Updated HSF multi-jurisdictional guide to employee issues in business transfers

We have recently updated our multi-jurisdictional guide discussing potential employee issues in business transfers (first published in October 2013). The second edition reflects the law as at February 2015. The guide is a quick reference tool covering the key legal … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, TUPE

Germany: Need for review of terms with subcontractors and service providers in light of potential minimum wage liability

As of January 2015, a statutory minimum wage has been implemented in Germany. According to the new German legislation, companies can also be liable for violations of the minimum wage by subcontractors and service providers.

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Filed under Employment law reforms, Jurisdiction: Germany, Remuneration

Germany: Quota for women on supervisory and management boards

In December 2014, the German government adopted a legislative draft which provides for a quota for women on supervisory boards and certain management positions, applicable as of 2016.  The draft will now be considered by the German parliament but is likely … Continue reading

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Filed under Boardroom diversity, Jurisdiction: Germany

Germany: Statutory minimum wage introduced

The German government has implemented for the first time a general statutory minimum wage, in force from 1 January 2015. Generally, all employees working in Germany will be entitled to a minimum wage of €8.50 gross per hour. Any benefits … Continue reading

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Filed under Jurisdiction: Germany, Remuneration