Jurisdiction: Germany

Is there a role for ADR in employment disputes?

The Global Pound Conference (GPC) Series is a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century, collating views from over 4000 people at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills teamed … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: Australia, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK

EU: Commission publishes draft whistleblowing directive

The European Commission has published a new draft directive to strengthen whistleblower protection across the EU.  The proposal is to provide EU-wide protection for blowing the whistle on breaches of specified types of EU legislation (for example, legislation on financial … Continue reading

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Filed under Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Whistleblowing

EU: Data Use – Protecting a critical resource

Described by some as the “new oil” for the digital economy, there is no doubt that data are now seen as critical for organisations to succeed. Data are a powerful and lucrative fuel for productivity. If not adequately protected, data … Continue reading

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Filed under Data protection and privacy, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK, Resources

Germany: Employers can dismiss employees with shares in competitors

Under German law, an employee having a major influence on a competing company can justify a termination for good cause with immediate effect of an employee. In a recent judgement in April 2017, the Higher Regional Labour Court of Schleswig … Continue reading

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Filed under Jurisdiction: Germany, Protection of business interests (including restrictive covenants and confidential information), Termination of employment

EU: Article 29 Working Party provides guidance on processing of employees’ personal data at work

Modern technology enables employees to be tracked over time, across workplaces and their homes, through many different devices, such as smartphones, desktops, tablets and wearable devices. If there are inappropriate limits to the processing, and if it is not transparent, … Continue reading

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Filed under Data protection and privacy, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK

UK: Gender Pay Gap – The government’s reporting website so far

Employers currently engaged in preparing their gender pay gap reports may be interested to view the gender pay gap data uploaded onto the government website so far – at the time of writing, twelve employers have done so. Only the … Continue reading

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Filed under Jurisdiction: Germany, Jurisdiction: UK, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment)

Europe: Statutory holiday pay claims- EU Advocate-General publishes opinion on workers denied paid holiday

The ECJ Advocate-General has given his opinion in King v The Sash Window Workshop that employers must make ‘adequate facilities’ (eg, contractual rights or administrative procedures) available to workers in order that they can take annual leave. If those facilities … Continue reading

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Filed under Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

Germany: Act to Promote Transparency of Pay Structures (Entgelttransparenzgesetz)

On 30 March 2017 the German Parliament (Bundestag) passed the Act to Promote Transparency of Pay Structures (Entgelttransparenzgesetz). The objective of this act is an achievement of the pay equity between men and women, who perform the same work or … Continue reading

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Filed under Jurisdiction: Germany, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment)

Germany: Immediate termination due to participation in a competing company

In Germany, notice periods in cases of ordinary termination can be very long (eg, seven months to the end of a calendar month). Until expiry of the notice period, an employee is prohibited by law from carrying out competing activities. … Continue reading

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Filed under Jurisdiction: Germany, Termination of employment

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 Business sales/transfers, International mobility (including secondments, migrant workers, territorial jurisdiction), 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