Germany, Mayer Brown updates

Employment & Immigration

Contributed by Mayer Brown
Court rules on cut-off date provisions in bonus plans
  • Germany
  • 13 January 2021

In 2020 the Berlin-Brandenburg Regional Labour Court ruled on the effectiveness of a cut-off date clause in a works agreement. The court held that a special payment to an employee intended to reward both loyalty and performance can be dependent on the existence of the employment relationship on a certain cut-off date.

€35.3 million fine issued under GDPR for employee monitoring and IT security failings
  • Germany
  • 11 November 2020

A recent decision from the Hamburg Commissioner for Data Protection and Freedom of Information is an important reminder of the significant financial and reputational penalties that employers may face if they do not appropriately collect, retain and protect employee personal data in line with the EU General Data Protection Regulation (GDPR). The decision demonstrates the risks involved when organisations fail to comply with the GDPR's data minimisation principle.

COVID-19 vaccination: who bears cost and is it mandatory to be vaccinated?
  • Germany
  • 30 September 2020

A COVID-19 vaccine will hopefully soon be available. The German labour law requirements regarding a vaccination for employees and a possible obligation to vaccinate are already largely clear. There is currently no obligation for employees to be vaccinated against COVID-19. Nevertheless, employers can recommend vaccination to their staff and make it more appealing by offering vaccination premiums or vaccinations free of charge (eg, through the company medical service).

Home office and mobile working
  • Germany
  • 23 September 2020

In response to the health and safety risks resulting from a potential COVID-19 outbreak in the workplace, many employers moved to home office or mobile working arrangements earlier in 2020. For many companies, this has now proven to be a successful new way of working. This article describes the labour and employment law aspects of the implementation of home office and mobile working arrangements. It also includes a list of items that employers should consider when facilitating a remote work model.

Equal rights for employees and freelancers
  • Germany
  • 12 August 2020

The Federal Labour Court recently ruled in a dispute concerning a freelancer's information claim regarding her colleagues' salary levels. The judgment is the first fundamental decision with respect to the Transparency in Remuneration Act. Pursuant to this decision, both employees and freelancers who receive their compensation mainly from one client can make information claims regarding the salary levels of their colleagues with comparable duties.

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