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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 »

Collective bargaining and public procurement laws in North Rhine-Westphalia

Collective bargaining and public procurement laws in North Rhine-Westphalia

New Requirements for the Public Procurement of Services in regards to Minimum Wage under Public Procurement Law (European Court of Justice, decision dated September 18, 2014, Az. C-549/13). Since being introduced in 2012 the “Law on Securing Collective Bargaining and Social Standards as well as Fair Competition in Public Procurement” ... Read More »

No co-determination for dummy cameras

No co-determination for dummy cameras

(Higher Labor Court of Mecklenburg-West Pomerania, decision dated November 12, 2014 – 3 TaBV 5/14) If an employer plans to monitor the behavior or performance of employees by introducing or using technical systems that are designed or at least suitable for such purposes, the Works Council is entitled to an ... Read More »

Best price clause of the HRS hotel booking portal violates antitrust law

Best price clause of the HRS hotel booking portal violates antitrust law

(Higher Regional Court in Düsseldorf, decision dated January 9, 2015 VI – Kart. 1/14 (V) [not yet legally binding]) The clause of a hotel booking portal holding a dominant position in the market that prohibits registered hotel operators from undercutting the room prices offered on the booking portal through other ... Read More »

Forfeiture of Compensation Claims when Using Double Hold-harmless Clauses

Forfeiture of Compensation Claims when Using Double Hold-harmless Clauses

(Federal Labor Court, decision dated September 24, 2014 – 5 AZR 593/12) Many labor and collective bargaining agreements contain so-called double hold-harmless clauses that initially provide, within certain dates, the extra-judicial enforcement of alleged claims under the employment relationship and then demand their judicial follow-up within a further period, insofar ... Read More »

Making working hours more flexible

Making working hours more flexible

Restrictions on On-Call Work (Higher Labor Court Berlin-Brandenburg, decision dated October 16, 2014 – 21 Sa 903/14) When it comes to location and duration of working hours, the interests of the company and the employees generally widely diverge. The company desires a far-reaching scope of action to be able to ... Read More »

An employee’s entitlement to continued employment should the permanent establishment relocate abroad

An employee’s entitlement to continued employment should the permanent establishment relocate abroad

If an employee is protected by the German Protection Against Dismissal Act, (s)he may only be dismissed with a reason (either personal, conduct-related or operational). An example of an operational reason for termination is a decision by an employer to completely shut down a permanent establishment. An employer’s business-related decision ... Read More »

Germany: The first Minimum Wage Act (Part II) – Extensive new obligations for foreign employers too?

Germany: The first Minimum Wage Act (Part II) – Extensive new obligations for foreign employers too?

The first German Minimum Wage Act (MiLoG) came into force at the start of 2015. However, many questions remain unresolved and foreign employers in particular are objecting to its application. The German Confederation of Trade Unions (Deutsche Gewerkschaftsbund – DGB) reports on its website attempts to get around the payments ... Read More »

German Law: Subletting an apartment with “AirBnB” can lead to termination of tenancy agreement without notice

German Law: Subletting an apartment with “AirBnB” can lead to termination of tenancy agreement without notice

The Berlin regional court ruled that unauthorized subletting of an apartment is a violation of a tenancy agreement that allows the landlord to immediately terminate the tenancy agreement without further notice and warning (LG Berlin, Az 67 S 360/14). Berlin is popular among tourists. They often use the website AirBnB ... Read More »

Driving in Germany – what are you allowed to do with your mobile phone behind the wheel?

Driving in Germany – what are you allowed to do with your mobile phone behind the wheel?

For many foreign business people, doing business in Germany also means driving around Germany. Although advice about road traffic offences is not among our core competencies, we give you below a brief overview of the current situation in Germany regarding “Using a mobile while driving” as our clients often ask ... Read More »

Return of unwanted goods in the EU – Business in Germany

Return of unwanted goods in the EU – Business in Germany

One of the key legal concepts underlying e-commerce and distance distribution is the consumer’s right of withdrawal from the contract within a “cooling off” timeframe of 14 days. In Germany on June 13, 2014, a new legislation implementing the European Directive on Consumer Rights (2011/83/EU) became effective. The new legislation ... Read More »

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