Newsletter
Labour and employment

Edition 02/2017, 2017-08-30
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!
Best regards
Your GÖRG Labour and Employment Team

TRANSPARENCY OF REMUNERATION STRUCTURES?


According to the second sentence of Article 3(2) of the Basic Law (Grundgesetz - GG), the state is tasked with promoting the actual implementation of equal rights for men and women and taking steps to eliminate existing disadvantages. After what was in part a heated debate, the German...


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FEDERAL LABOUR COURT: NEW DEVELOPMENTS REGARDING NOTIFICATION DUTIES AND THE RIGHT TO OBJECT WHERE A BUSINESS CHANGES OWNERS


Where a business is sold, the letter that must be sent to employees informing them of the transfer of business and their correlative right to object to the transfer of their employment contracts to the purchaser of the business, presents significant challenges for employers in practice. The...


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DOES AN EMPLOYEE HAVE TO ATTEND A MEETING WITH HIS OR HER EMPLOYER WHILE UNABLE TO WORK DUE TO ILLNESS?


If an employee is unable to work due to illness, he or she will have no duty to work. The Federal Labour Court has, however, now considered the question of whether a sick employee is required to attend a meeting with his or her employer at the employer's location, in spite of being unable to...


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IS A MEMBER OF THE WORKS COUNCIL ENTITLED TO A SMARTPHONE?


A works council member is entitled to a smartphone if having one is necessary so as to enable him to properly perform his tasks. He or she has a personal discretion in this regard (Hesse Higher Labour Court, Order of 13 March 2017,16 TaBV 212/16).


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TRANSFERS - IS AN UNJUST DIRECTION BINDING?


As a rule, an employee's contract of employment will contain a description of the work he or she has to perform as well as the details of the place of performance and the hours of work. Nonetheless, an employer may in the exercise of its reasonable discretion unilaterally specify further terms...


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