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Heuking Kühn Lüer Wojtek

Update Employment Law

2019-05-06


Heuking Kühn Lüer Wojtek Dear readers,

Employee surveys in companies are becoming ever more popular. Does the works council have to give its consent when the questions are selected? The Federal Labor Court has dealt with this issue twice within a short period. In this update, you will also find new information on the Whistleblowing Directive and (once again) news on the law governing annual leaves.

I wish you pleasant reading!

Sincerely,
Dr. Sascha Schewiola




Worker participation of the works council in employee survey
The recent decision of the FOPH gives additional grounds for further clarifying the practical question of to what extent the conduct of an employee survey is subject to worker participation by the works council...
Click here for the article


European Whistleblowing Directive will be effective as of April 2019
At European and national level, discussions have been going on for years on how best to protect the so-called whistleblowers from being victims of retaliation measures by those whose actions they have uncovered...
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Leave reduction during parental leave period not in breach of European law
The statutory leave entitlement according to Sec. 1, 3 Federal Leave Act (BUrlG) also exists for the period of parental leave, but may be reduced by the employer pursuant to Sec. 17 (1) (1) Federal Parental Allowance and Parental Leave Act (BEEG)...
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Age limit - postponing the termination date
The provision of Sec. 41 p. 3 Social Code (SGB) VI allows employers and employees to postpone the termination of the employment relationship upon reaching the regular retirement age of the employee...
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Participation of the representative body for severely disabled persons during the dismissal process
In a very helpful decision for the practice, the FOPH has commented on the procedure for consulting with the representative body for severely disabled persons before dismissals...
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No statutory leave entitlement for unpaid special leave
The FOPH has changed its previous case law on the accrual of the statutory leave entitlement in the granting of unpaid special leave...
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Latest news
Dr. Johan-Michel Menke and Timo Trefzger of Heuking Kühn Lüer Wojtek’s Hamburg office are representing the German Federation of Medium-Sized Security Companies (BVMS) based in Frankfurt am Main in a collective bargaining dispute.
Click here for our press release

Lectures
On May 8, 2019, Markus Schmülling will give a lecture at the 12th Cologne Lawyers’ Day on “The GmbH General Manager and Employment Law - current developments and recommendations for action in real-world examples.” 
"Update Soccer Law: advisory fields in employment law and corporate law” is the topic of the lecture by Dr. Johan-Michel Menke, LL.M. for the German Lawyers’ Institute in Dortmund on May 10, 2019.
Dr. Johan-Michel Menke, LL.M. will give a lecture on “Professional training in employment law know-how for HR business partners” for the German Association for Human Resource Management (DGFP) in Munich from May 15 to 17, 2019.

Staff updates
Lawyer Dr. Christoph Katerndahl has joined the Employment Law Practice Group in February and works in the team led by Prof. Dr. Martin Reufels at the law firm’s Cologne office. Previously, he worked as a research assistant for Dr. Wilhelm Moll for several years. The Cologne office now counts ten Certified Specialist Lawyers in Employment Law who are advising in all areas of employment law and restructuring law. 

Practice Group
An overview of all members of the Employment Law Practice Group is available on the Heuking Kühn Lüer Wojtek homepage.
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