Litigationblog

by ZELLER & SEYFERT

Implementation of the new “3G rules” at the workplace by the employer in Germany

On 18th November 2021, the German Parliament passed the "Act Amending the Protection against Infection Act and other Laws on the occasion of the Repeal of the Determination of the Epidemic Situation of National Significance." The Act obliges employers, with regards to § 28b para. 2 Sentence 1 IfSG, to monitor compliance with the “3G rules” in the workplace. At first glance, this obligation does not suggest any major difficulties, since simple entry checks can theoretically be carried out. However, on a closer look, as is so often the case, data protection problems arise.

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by ZELLER & SEYFERT

EU Commission presents world's first legal framework for artificial intelligence (AI) - consequences for German labor law

The ARTIFICIAL INTELLIGENCE ACT published by the European Commission on 21.04.2021 aims to regulate the use of these systems. An objective measure of risk assessment will be applied, with four different levels of risk. In this article by ZELLER & SEYFERT, you will find out how these are designed and what practical effects the decision will have. To begin with, this much: According to our assessment, it is likely that all artificial intelligence measures related to German labor law will be subject to significant regulation.

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by ZELLER & SEYFERT

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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by ZELLER & SEYFERT

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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by RA Dr. Christian Seyfert, LL.M. (San Francisco, GGU)

No. 1 in Germany: ZELLER & SEYFERT filed by far the most EU trademarks in 2020

According to an official statistic of the company fovea, which has evaluated all trademark applications at the EUIPO in 2020, ZELLER & SEYFERT is by far the number 1 within Germany in terms of the number of EU trademark applications in 2020.

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by ZELLER & SEYFERT

Copyright reform in Germany: Melody protection is saved

At the invitation of German Federal Minister of Justice Christine Lambrecht (SPD), Attorney Dr. Christian Seyfert, LL.M., Julia Neigel and Peter Maffay met at the Federal Ministry of Justice in Berlin on March 22, 2021 to discuss the pending copyright reform. At the suggestion of Attorney Dr. Christian Seyfert, LL.M., Julia Neigel and Peter Maffay, the German government's draft law has since been revised. Melody protection has now been explicitly integrated into § 23 (1) UrhG (new version).

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by ZELLER & SEYFERT

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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by ZELLER & SEYFERT

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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by ZELLER & SEYFERT

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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by ZELLER & SEYFERT

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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