Dear Madam or Sir,
the second issue of the 2017 Newsletter starts off by considering the Act to Promote Transparency in Pay Structures, which entered into force on 6 July 2017. The Act contains a number of hurdles for employers which have more than 200 employees on their staff. The fact that various legal terms have not been defined will make it difficult to apply the new law in practice, so that one will once again have to wait for clarification from the Federal Labour Court.
It will no longer be necessary to wait for a ruling by the Federal Labour Court on the question of whether a notice informing employees of the transfer of the business must include mention of the fact that the new owner will not be required to prepare a social compensation plan after the transfer of business. The Federal Labour Court has established an obligation to include mention of this so that formulating the content of such notices is unlikely to be any easier in the future. Discussions of a decision on an employee's obligation to attend meetings with his or her employer while absent from work due to illness, of a decision on the necessity of providing members of the works council with a smartphone, as well as of the binding nature of an unfair transfer bring this Newsletter to a close.
If you have any questions please do not hesitate to contact us!
Your GÖRG Labour and Employment Team