January 26, 2018
The complainant employee was employed repeatedly with interruptions by the respondent employer from August 01, 2000 to May 26, 2012 based on fixed-term employment contracts. The applicant filed a petition for review of the fixed term against the last period of fixed-term employment. After settlement out of court, the complainant ... Read More »
by: Buse Heberer Fromm
January 25, 2018
If a member of the works council – in particular the chairman of the works council – severely breaches his statutory duties, the works council and the employer may petition the labor court to exclude this member from the works council. The thresholds for successful exclusion proceedings are very high, ... Read More »
by: Buse Heberer Fromm
January 24, 2018
There has been a (drastic) increase in the importance of social media platforms: both in private and in business areas. A differentiation between private and professional use is not always clear and legally difficult. Companies must know the legal framework. According to a study by the Federal Association of the ... Read More »
by: Buse Heberer Fromm
January 23, 2018
Works councils provide representation for employees at company level. They have co-determination rights as well as other participation rights. This often makes employers feel inclined to make their own recommendations during the works council elections. However, the courts have set very narrow limits here. The Works Constitution Act prohibits any ... Read More »
by: Buse Heberer Fromm
January 22, 2018
The Federal Court of Justice (BGH) judged previously disputed legal questions regarding the dismissal of a management board member based on a withdrawal of confidence by the annual general meeting in favor of the shareholders. The withdrawal of confidence does not have to be explained. A corresponding resolution of the ... Read More »
by: Buse Heberer Fromm
January 19, 2018
Being compliant with the new legal regime of the GDPR is a major challenge businesses face when using data connected with countries in the EU. Here is a summary of the most important issues. The Charter of Fundamental Rights of the European Union, Article 8, protects everybody’s personal information. Effective ... Read More »
by: Buse Heberer Fromm
January 18, 2018
With a judgment dated June 16, 2016, the Higher Regional Court (OLG) of Düsseldorf (File reference I-6 U 20/15) has decided that the knowledge of the managing director of the target company, who is acting as a representative and who has, from the outset, an interest in the buyer’s business ... Read More »
by: Buse Heberer Fromm
January 16, 2018
On 22 December 2017, the Belgian Parliament voted a Law which reduces Belgian corporate tax rates with effect from 1 January 2018. The law is the first part of a Company Tax Reform which aims inter alia to progressively reduce corporate income tax rates. With effect from 1 January 2018, ... Read More »
by: CEW & Partners
January 15, 2018
Health-related advertising is subject to strict scrutiny Courts measure advertisements for medical devices and remedies by a particularly strict standard. Efficacy statements (e. g. “kills 100 % of all bacteria”) or health claims (e. g.”… vitalizes”) must be verifiable. Depending on what the advertising statement refers to in terms of ... Read More »
by: Buse Heberer Fromm
January 12, 2018
Which employer is not familiar with this situation? An employee with whom the work relationship has not been running smoothly for a certain period of time is frequently or permanently ill and is suspected of competitive activity on his or her own behalf or for a competitor during the illness. ... Read More »
by: Buse Heberer Fromm
January 11, 2018
The plaintiff has been working as an assembler for the defendant employer for over 20 years. The employment relationship is governed by the MTV (Manteltarifvertrag für die gewerblichen Arbeitnehmer der Sächsischen Metall- und Elektroindustrie i.d.F vom 24.02.2002; Collective wage agreement for industrial employees of the Saxon metal and electrical industry ... Read More »
by: Buse Heberer Fromm
January 5, 2018
Individual employee claims are given priority over working agreements on the basis of the favourability principle, providing that the claims arising from the working agreement are less favourable. However, if the employer’s pledges are of a collective nature – i.e. if they are not purely individual claims – a less ... Read More »
by: Buse Heberer Fromm
January 4, 2018
The employer has the right to issue binding work instructions to his employees. He must however take certain limits into account. On the one hand, an instruction must not violate regulations of the employment contract, a works agreement, a collective bargaining agreement or legal regulations. On the other hand, the ... Read More »
by: Buse Heberer Fromm
January 3, 2018
The Federal Labour Court prohibits the use of data collected on the basis of a permanent storage of internet activities by so-called keyloggers. The case For security reasons, employees may use the hardware and software for business purposes only. The employer informed his employees by e-mail that, in the future, ... Read More »
by: Buse Heberer Fromm
January 2, 2018
In the event that the works council election is held in a proportional representation manner on the basis of several nomination lists, the law used for the determination of elected candidates is the highest number method from d’Hondt. The Federal Labour Court has now legitimised the method (Judgement of 22.11.2017 ... Read More »
by: Buse Heberer Fromm
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