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Medical Practices May be Especially Vulnerable to Sexual Misconduct Claims

Medical Practices May be Especially Vulnerable to Sexual Misconduct Claims

Recent allegations of sexual misconduct spanning multiple industries have demonstrated that sexual harassment is much more common in the workplace than employers may care to admit. Organizations that take a “not us” approach to dealing with these issues may find themselves exposed to significant liability. Medical practices are no exception. ... Read More »

Constructive support by the employer

Constructive support by the employer

High quality in the staff composition of the works council helps to ensure peace in the company, enabling a healthy development of the company. The Works Constitution Act (Betriebsverfassungsgesetz; BetrVG) provides for cooperation based on trust between the works council and the employer as one of its cornerstones. A trust-based ... Read More »

Right of termination

Right of termination

According to the Federal Data Protection Act (German Bundesdatenschutzgesetz; BDSG), an operational data protection officer enjoys special protection against dismissal during his or her appointment and one year following the end of the appointment (§ 4f para. 3 sent. 5 and 6 BDSG). For the duration of the special protection ... Read More »

Reassignment

Reassignment

Company integration management is not a prerequisite for the reassignment of a night shift to an alternative shift The plaintiff employee works for the defendant as a machine operator. Between 1994 and 2005, he worked an alternative shift (early shift/late shift), and since then he has been working the night ... Read More »

Extension of the period of notice in the probation period

Extension of the period of notice in the probation period

Reference to collective bargaining agreements is widespread practice. Caution is advised, however, if contradictions to the contents of additional provisions of the employment contract appear. The Case In his employment contract, the employer made reference to the provisions of the collective bargaining agreement. Accordingly, the first six months of the ... Read More »

From Dusk till Dawn

From Dusk till Dawn

In case of collective dismissals, companies are required to undergo a consultation process with the works council. The process is complicated, full of formal requirements and prone to errors. The Federal Labor Court has now provided important clarification concerning the length and substance of the consultation. The work of those ... Read More »

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