Dr Marion Bernhardt

Marion Bernhardt

Updates

Employment & Immigration

Potential risks of courier-delivered dismissal notices
Germany | 19 December 2018

To ensure that serving a dismissal notice will withstand a court's scrutiny, it should be handed to the employee in person and the employee should countersign a duplicate. However, if the dismissal notice is served by an external courier, the employer may have to comply with different data protection requirements to avoid breaching data protection law.

Termination for breach of duty and poor performance
Germany | 03 November 2010

It is often impossible to prove that an employee has performed sufficiently poorly to justify termination, except where the employee's work results are measured in terms of quantity rather than quality. As a result, employers would be well advised, where possible, to terminate for other reasons pertaining to the conduct of the employee or for urgent operational requirements.

Escaping from collective bargaining agreements
Germany | 29 September 2010

In times of economic difficulty, employers often seek ways in which to escape from collective bargaining agreements in order to avoid the application of the legal norms set forth in the agreements. This update considers various methods through which this might be achieved and the various legal risks that each method entails.

Dissolving a pension scheme
Germany | 10 March 2010

For employers that have founded an employee pension scheme, circumstances may arise in which it is desirable to dissolve this system. The question may thus arise whether and to what extent this might be possible. This update reviews the legal possibilities and limitations of taking such a step.

Anti-discrimination Law and Protection against Dismissal
Germany | 18 November 2009

The recent reasoned opinion of the European Commission that the German law on protection against dismissal is in violation of the EU anti-discrimination directives appears to be unfounded. However, in order to prevent an infringement suit before the European Court of Justice, the legislature would be well advised to delete the misleading and essentially useless provision of Section 2(4) of the General Equal Treatment Act.