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Heuking Kühn Lüer Wojtek

Update Employment Law


Heuking Kühn Lüer Wojtek Dear readers,

The May 14, 2019 judgement of the Court of Justice of the European Union on systematically recording working time triggered an enormous media response. There is an urgent need to classify this decision. In contrast, employers are not required to take action (for the time being).

In addition, the Trade Secrets Act has entered into force.

Finally, the Federal Labor Court offered up decisions relating to the right of revocation in settlement agreements and to unfounded limitation in cases of prior employment.

I wish you interesting reading!

Dr. Sascha Schewiola

European Court of Justice (ECJ): Member states must require em-ployers to systematically record working hours
Spanish working time law only requires that employers systematically measure their employ-ees’ working hours in case of overtime. The Spanish National Court questioned whether these regulations were...
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Trade and Business Secrets Law enacted
It is here. The German Trade and Business Secrets Law came into effect on April 26, 2019. Companies wishing to ensure protection of their business and trade secrets...
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No right to rescind after entering into a termination agreement
A labor law termination agreement cannot be rescinded pursuant to consumer protection regulations merely due to the fact that it was concluded in the employee’s private quarters...
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Unfounded fixed term (“previous employment”)
The unfounded limitation of the term of an employment contract, when an employee is employed again by the same employer, is only permissible when and if the application...
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Whistleblower systems will become mandatory in medium-sized and larger companies. Our Compliance breakfasts “Whistleblower Hotlines 2.0” that are held at various locations in Germany offer explanations as to who is affected and how whistleblower system are to be set up in view of the EU Whistleblower Directive, the General Data Protection Regulation, and the Trade Secrets Act.

Bernd Weller, jointly with Johannes Reuther, has published the last volume of a three-part overview of court decisions in the Betriebs-Berater trade magazine. The third part deals with decisions on “other” issues of works constitution law, specifically the organization of the works council, its costs, and the remuneration of works council members.
In an article in trade magazine GWR, Christoph Hexel discusses the topic of social plan endowment – checking the setup of corporate retirement plans at controlling enterprises only when the risk situation has materialized.

Staff updates
Since the beginning of April 2019, Ria Göbel has been reinforcing our Chemnitz office in the field of employment law. She supports the department led by Veit Päßler.

Practice Group
An overview of all members of the Employment Law Practice Group is available on the Heuking Kühn Lüer Wojtek homepage.
Newsletter Archive
Are you interested in all our newsletters? On our homepage, you will find all articles of the Employment Law Update in the Newsletter Archive.
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