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GÖRG Rechtsanwälte – Legal Updates

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Cologne, 2018-06-19

The Gig Economy and Crowdworking as Challenges for Legislation Governing Employment and Social Benefits in Europe?

They drive people where they want to go, deliver food, write and edit copy, test software, clean apartments and maintain databases, and they collect their pay by clicking a mouse. The ‘crowdworkers’ that drive the ‘gig economy’ offer their services through …

Cologne, 2018-01-11

Every Four Years … Works Council Elections: What are the Options in the Case of Procedural Errors?

German soccer fans can look forward to the World Cup, which takes place in early spring every four years. And, just a few weeks earlier, between 1 March and 31 May (§ 13 (1) of the Works Constitution Act (Betriebsverfassungsgesetz - BetrVG), the country’s …

Cologne, 2018-01-11

Customer feedback app: Control of performance subject to consultation of works counsil?

In its order of 8 June 2017 (File Ref.: 8 BV 6/16), the Heilbronn Labor Court ruled that an employer was under no obligation to consult his company’s works council in connection with the use of a customer feedback app. The court found that a feedback app is not a …

Berlin, 2018-01-11

Extended periods of notice in employment contracts

It is often difficult to find suitable employees in today’s labor market. That is therefore also one reason to ask what employers can do to retain skilled employees (longer). For example, the design of employment contracts offers certain possibilities, e.g., longer periods of …

Cologne, 2018-01-11

General Data Protection Regulation - Protection of Employee Data

The General Data Protection Regulation (GDPR), which is intended to unify protection of personal data in all EU member states, will go into effect throughout Europe next year. The Regulation will be directly applicable and take priority over domestic law, but it will also leave …

Köln, 2018-01-11

Manual timekeeping: Always permissible without consulting works council?

Today, companies normally either monitor the time worked by their employees electronically, which requires consultation of the corresponding works council pursuant to § 87(1) no. 6 of the Works Constitution Act (Betriebsverfassungsgesetz - BetrVG), or not at …

Cologne, 2017-12-20

Protection of Data Concerning Health under the General Data Protection Regulation (GDPR)

The General Data Protection Regulation (EU) 2016/679 (GDPR), which was adopted in 2016, will take effect on 25 May 2018. At the same time, the new Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) will replace the version currently in effect. The new …

Cologne, 2017-09-29

Employee Observation by Private Detectives

In its judgment of 29 June 2017 (Ref.:2 AZR 597/16), the Federal Labour Court ruled that monitoring of employees by private detectives is normally permissible if there is a concrete suspicion of a serious breach of duty on the part of the employee. The case at issue involved an …

Cologne, 2017-09-29

Federal Labour Court: Evidence From Keystroke Logging Is Inadmissible in Dismissal Proceedings

The judgment of the Federal Labour Court of 27 July 2017 (2 AZR 681/16, press release of the Federal Labour Court no. 31/2017) addresses the covert use of software-based keyloggers by employers. Such computer programs make it possible to monitor and create a record of keyboard activity …

Cologne, 2017-09-29

Suspicion of Misrepresentation of Time Worked: Damages Awarded Member of Works Council for Covert Observation

If, for example, an employer suspects an employee of calling in sick to simply take time off or suspects that a member of a works council is not devoting working hours to activities called for under co-determination law as agreed, the only practical way to investigate this suspicion is …


173 results (in 18 pages)