Home > Countries > Germany (page 3)

Category Archives: Germany

Feed Subscription<
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 »

Comparison of the discovery process in civil litigation in the U.S. and Germany – an introduction

Comparison of the discovery process in civil litigation in the U.S. and Germany – an introduction

In light of the growth of border-crossing commerce and rapid development of international business relations, international law is becoming a more and more important part of the structure of our growing global society.  This article focuses on the law of civil procedure in different jurisdictions, with specific focus on the ... Read More »

Termination due to Illness: Occupational Integration Management is setting the stage

Termination due to Illness: Occupational Integration Management is setting the stage

If considerable absence from work is expected in the future, an employee has a negative health prognosis. Termination due to illness then comes into consideration. The Federal Labor Court (Bundesarbeitsgericht – BAG) anticipates that the implementation of occupational integration management (betriebliche Eingliederungsmanagement – bEM) is suggested and advertised prior to ... Read More »

The Bestellerprinzip (Whoever commissions somebody must also pay)

The Bestellerprinzip (Whoever commissions somebody must also pay)

The amendment to § 2 of the German Housing Agency Laws (WoVermittG) was introduced on June 1, 2015. The following basic principle that now applies is that the person who hires the realtor must also pay the realtor’s commission. This law applies only to brokering rental contracts for apartments. The ... Read More »

Arbeitsgericht or Landgericht: Where should the director of a GmbH bring a complaint?

Arbeitsgericht or Landgericht: Where should the director of a GmbH bring a complaint?

Unlike the Netherlands, as well as the ordinary courts, Germany also has special employment tribunals (Arbeitsgericht) to resolve labour disputes between employees and employers.  The advantage of these tribunals is that the claimant does not have to pay any advance towards court costs and the losing party does not have ... Read More »

Working while you sleep?

Working while you sleep?

Remuneration for on-call Services under the Provisions of the Minimum Wage Law. (Federal Labor Court, decision dated November 19, 2014 – 5 AZR 1101/12) The plaintiff was employed as a caretaker in one of the nursing homes run by the defendant. As well as nursing care, domestic care for patients ... Read More »

Scroll To Top