Employees have a fundamental claim against their employer to be genuinely deployed and to receive payment of their remuneration, inasmuch as they are not unfit for work. If they are incapable to work due to illness, employees are entitled to sick pay. Should employees be permanently unable to fulfil the ... Read More »

In a recently decided case, theGerman Federal Labour Court has clarified the conditions under which the commercial lease of workers will not give rise to a direct employment relationship with the client’s enterprise. In the case at hand, the plaintiff applied for a decision that an employment relationship exists between ... Read More »

Under the German Works Constitution Act (Betriebsverfassungsgesetz – BetrVG), the employer must receive written refusal by the works council to give consent to an individual personnel measure within one week. The written refusal must provide justification. If the justification is insufficient, the works council is deemed to have given its ... Read More »

Under German statute, employees may request that a certain amount of their compensation be transferred to a company pension scheme. Since the introduction of the statutory option to defer compensation, employers wondered whether they are obliged to notify their employees of such option. In some cases, insurance brokers have stoked ... Read More »