By Jens Kirchner, Pascal R. Kremp, Michael Magotsch
This ebook supplies an outline of all key features of German labour and employment legislations in addition to adjacent fields. attorneys with professional wisdom and lengthy years of expertise clarify the felony foundation of those elements of German legislations, indicate common functional difficulties and recommend options to these difficulties. also, examples are given on tips on how to most sensible deal with felony pitfalls to reduce dangers. This publication will specifically aid overseas in-house counsels and human assets managers at overseas businesses to appreciate the advanced criminal rules pertaining to labour and employment legislations in Germany.
All 3 editors of the booklet, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are skilled lawyers on the Frankfurt place of work of DLA Piper, one of many greatest felony companies prone on the earth (www.dlapiper.com), with nationwide and multinational consumers. Their event contains the administration of cross-border restructurings, outsourcing and move of venture measures, in addition to the administration of nationwide and multi-jurisdictional merger & acquisitions tasks, together with post-merger integration processes.
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Additional resources for Key Aspects of German Employment and Labour Law
Employee Leave Entitlements Under the Federal Vacation Act (Bundesurlaubsgesetz, BUrlG) all employees are entitled to 20 days’ paid vacation, based on a 5-day working week. Vacation days that have not been taken by employees during a calendar year usually remain valid for 3 months in the following year. The Continuation of Remuneration Act (Entgeltfortzahlungsgesetz, EFZG) entitles employees to up to six weeks’ paid time off in case of illness. A new 6-week-period commences if the employee gets sick again due to the same underlying illness and six months have passed since the end of the last sick leave, or if one year has passed since the beginning of the first sick leave.
G. wages and working hours) can only be regulated if this is explicitly allowed by an applicable collective bargaining agreement. VI. 1. Employer Directives and Operational Practice Employer Directives The employer may generally determine the time and place of the employee’s work, provided it exercises its discretion reasonably. However, the employer’s powers to issue directives are relatively weak since they are subject to strict limitations imposed by superior legal sources such as the express restrictions in employment contracts, collective bargaining agreements, works agreements and constitutional and statutory law.
Other tests, such as assessment centers, psychological tests or financial background screenings will only be lawful if a candidate has given their prior informed consent and they are conducted by qualified institutions/personnel. The employer must have a reasonable and legitimate interest for obtaining this information. The test/screenings must be sufficiently related to the requirements of the position, must not violate the candidate’s personal rights, and the information must not be acquired by other means.