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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 »

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 »

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 »

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