Employment Law

How much does my colleague earn? - EU Commission wants to strengthen "wage transparency".

It is not only in the course of discussions about "gender equality" that interest groups are calling for more wage transparency. The so-called intra-company wage gap and the different levels of compensation paid to different employees is also often not without controversy. The EU Commission has now responded to this situation with a proposal for a new directive. But what measures are planned and what do they mean for employers and employees? You can find answers to these questions here at ZELLER & SEYFERT.

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Düsseldorf Regional Labor Court: Employers can reduce vacation time for “Kurzarbeit Null” employees

A recent ruling from the Düsseldorf Regional Labor Court 6th Chamber and the Essen Labor Court has provided a precedent for some employees assigned to Kurzarbeit, or short-time (reduced) work, and their entitlement to vacation allowance due to the pandemic. 

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The Corona Cougher: Can you fire an employee who coughs at a coworker during the pandemic?

A ruling from Düsseldorf Regional Labor Court on April 27th, 2021, shows the importance of evidence when it comes to the termination of an employee, even in Corona-related violations.

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Kurzarbeitergeld fraud - Legal implications for employees

As the Corona crisis continues to impact the German economy, many workers are currently on a temporary short-time work status known as Kurzarbeit. According to the German Federal Employment Agency (Bundesagentur für Arbeit, or Arbeitsagentur), there are possibly over 4,000 cases of fraud in filing for Kurzarbeitergeld, or short-time work allowance, have been reported by various news outlets, with the Neue Osnabrücker Zeitung initially reporting an estimated 4,250, and up to 4,690 indications of fraud reported by numerous additional media outlets.

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No jab, no job: Can my employer force me to get vaccinated?

As vaccine campaigns continue to rollout, slowly but surely, throughout Germany, the return to normalcy at the office seems to be just over the hill. However, not everyone agrees with the efficacy or necessity of the new Impfstoff, and the evidence of whether the vaccine will stop the spread of the virus, while positive, is still limited and under development. With all the uncertainty, it comes as no surprise that some people may be hesitant to get the vaccine.

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Home office from abroad – What you need to know from a legal perspective

As firms around the world have hurriedly transitioned this past year to telecommuting, or as lovingly called “home office” in Germany, companies have come to grapple with even the idea of working in an office and its effectiveness towards productivity. For some employees, it has been proven that going to the office is not a necessity and that their work can happen from virtually anywhere with an internet connection.

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Munich Higher Regional Court: A managing director may assert the invalidity of the non-competition clause before commencing the intended competitive activity by way of an interim injunction (Decision from 02.08.2018)

As a general rule, a managing director may not compete with the company with which they are employed for the duration of their employment. Such prohibition of competition exists even without an express agreement. This is because the duty of loyalty under company law already requires the managing director to abstain from business activities in the company's sphere of activity to a large extent during their term of office. It makes sense to specify in detail the activities that are still permissible for the managing director in the employment contract in order to create clarity for both sides.

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Temporary Employment: Can the maximum period of temporary work exceed 18 months in the same workplace with an employer?

On September 6th, 2019, the Regional Labour Court ruled that there is no violation of the maximum transfer period pursuant to § 1 of the German Temporary Employment Act (AÜG) in the context of employee leasing if the employer uses several temporary workers successively in the same workplace.  According to the court, the 18-month maximum transfer period does not apply in this case.

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Court stops Google search favouritism of German Ministry of Health

On Wednesday February 10th, 2021, the Munich Regional Court provisionally prohibited the cooperation between the German federal government and private internet company Google in regards to boosted search results of health information. While the judgments are not yet final, as of now the judges presiding over the case issued two injunctions against the Bundesrepublik and Google.

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How to avoid Management Liability claims

Dr. Christian Hendrik Zeller is a partner in the law firm ZELLER & SEYFERT Attorneys at Law Partnership mbB. In this interview, he talks about the increase in claims for damages against board members and managing directors, as desired by the legislature.

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