Home > Countries > Germany (page 4)

Category Archives: Germany

Feed Subscription<
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 »

Employment relationship with agency despite a license for the supply of temporary workers of the contractor

Employment relationship with agency despite a license for the supply of temporary workers of the contractor

(Higher Labor Court Baden-Württemberg, decision dated December 3, 2014 – 4 Sa 41/14) The defendant agency GmbH has used the plaintiff continuously in the same department at the same jobsite since 2011. The plaintiff was not employed by the defendant, but by three successive third-party contractors. The use of the ... Read More »

Scroll To Top