Home > Author Archives: Buse Heberer Fromm

Author Archives: Buse Heberer Fromm

Bockenheimer Landstraße 101
60325 Frankfurt am Main
Germany
E: buse@legalknowledgeportal.com
T: +49 69 989 7235 - 0
F: +49 69 989 7235 - 99

Buse Heberer Fromm is one of Germany's large independent law firms. More than 100 qualified attorneys and tax consultants advise national and international clients in all areas of commercial and tax law from six locations throughout Germany (Berlin, Dusseldorf, Essen, Frankfurt am Main, Hamburg and Munich), and at international offices (Brussels, London, Milan, New York, Palma de Mallorca, Paris, Sydney and Zurich).
By pooling core competencies in company-wide integrated Practice Groups, Buse Heberer Fromm guarantees optimum, customised solutions for the implementation of projects and transactions of all sizes. As a law firm focusing on medium-sized companies, Buse Heberer Fromm attaches great importance to the individual support of its clients, personal advisory services, and continuity in its client relationships.
Large companies must now report comprehensively on social aspects – sustainability reporting is mandatory from 2017

Large companies must now report comprehensively on social aspects – sustainability reporting is mandatory from 2017

Companies with more than 500 employees must report now not just on financial matters. They must now also report on how they respect the rights of their workers, protect the environment and fight corruption. The law on the Implementation of the Corporate Social Responsibility Directive (CSR) came into force on ... Read More »

Restructuring and notification of mass dismissals with regard to labor law

Restructuring and notification of mass dismissals with regard to labor law

“Fear, paranoia, insecurity.” With this apocalyptic triangle, Rose Beauchamp, Stephen Heidari-Robinson and Suzanne Heywood describe in their article Reorganization without Tears the environment in which the reorganization of companies takes place. And in this article they are only referring to the non-legal aspects of change processes. A quick glance at ... Read More »

The European Company (SE)

The European Company (SE)

Societas Europaea (“SE”) A legal form that’s also for the Mittelstand! The European company, also referred to as “SE” because of its Latin name “Societas Europaea,” is a relatively new legal form that is gaining popularity among German companies. After large Dax companies such as Allianz, BASF, Fresenius and Porsche ... Read More »

Company practice

Company practice

No entitlement to paid smoking breaks based on company practice (Higher Labor Court Nuremberg, decision of August 05, 2015 – 2 Sa 132/15) In many firms employers allow for working time to be broken up without requiring employees to work extra hours or reducing the claim to remuneration accordingly. No ... Read More »

Termination Without Notice

Termination Without Notice

Secret conversation recording as retrospective grounds for termination without notice (Higher Labor Court Hamburg, decision dated July 22, 2015 – 6 Sa 77/14) If at the point of receiving notification of extraordinary termination there are other objective reasons for termination, which do not come to the attention of the employer ... Read More »

Industrial Disputes

Industrial Disputes

Compensation of third-party companies in the event of a strike (Federal Labor Court, decision dated August 25, 2015 – 1 AZR 754/13) Third-party companies are often affected by strikes. In its ruling from August 25, 2015 the Federal Labor Court decided that airlines affected by an air traffic controller strike ... Read More »

No more safe harbors!

No more safe harbors!

The European Court of Justice has annulled the Safe Harbor Program (European Court of Justice, decision dated October 06, 2015 – C 362/14) It is now apparent since the ruling of the European Court of Justice dated October 06, 2015 (C 362/14): The Safe Harbor Program is invalid. The European ... Read More »

Dismissal for operational reasons

Dismissal for operational reasons

Obligation to offer continued employment to part-time staff on fixed-term full-time jobs (Federal Labor Court, decision dated March 26, 2015 – 2 AZR 417/14) The plaintiff had been in the employment of the defendant since 2008, most recently as Head of “Public and Media Relations”, on a 75 % working time ... Read More »

Office staff for the Works Council

Office staff for the Works Council

No typist without necessity (Higher Labor Court of Berlin-Brandenburg, decision dated August 14, 2015 – 3 TaBV 417/15) Under Section 40 (2) of the Works Council Constitution Act (BetrVG) the works council is entitled to receive from the employer office staff for meetings, consultation hours and day-to-day managements – but ... Read More »

Running sweepstakes on Facebook & Co. in Germany –  risks and side effects

Running sweepstakes on Facebook & Co. in Germany – risks and side effects

When running sweepstakes and other promotion activities on Facebook or Twitter it is essential to be aware of local law pitfalls arising in connection with terms and conditions. Guidelines issued by Facebook & Co. in regard to the realization of promotion activities (e.g. the “Facebook Pages Terms”) do not cover ... Read More »

Mass layoffs – who counts?

Mass layoffs – who counts?

Managing directors and interns are considered employees according to § 17 of the German Protection Against Dismissal Act (KSchG) (European Court of Justice, decision dated July 9, 2015 – C 229/14) In the case pending before the Labor Court Verden, the parties disagree about operationally-related terminations. Including the plaintiff, the ... Read More »

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