Company pension law – Case Law Update 2/2025: 1. KNo Statutory Employer Contribution / 2. Qualifying Period for Company Pensions / 3. Sec. 16 (1) BetrAVG and (Annual Guaranteed) Minimum Adjustments / 4. No Pension Adjustment Based on Financially Strong Group Environment
Monthly Dose Employment Law 07/2025: 1. trade union's (non-existent) right to access employees' email addresses or the employer's internal platformaccess / 2. scope of a collective bargaining exclusion period in a framework collective agreement / 3. employee's (non-existent) claim for damages under the GDPR / 4. expiry of (virtual) stock options from an employee participation programme / 5. employee's claim for damages under the AGG in the event of gender-based refusal to cooperate by a customer
Monthly Dose Employment Law 06/2025: 1. proportionality of the length of the probation period in a fixed-term employment relationship / 2. willful failure to actively seek employment during a period of release in the notice period / 3. lack of evidentiary value of automated break deductions and the burden of substantiation in overtime compensation proceedings / 4. liability risks for employers due to delayed target setting / 5. interpretation of tariff provisions
"Monthly Dose" Employment Law: 05/2025: 1. probative value of foreign certificates of incapacity for work / 2. evidentiary value of a delivery receipt and the transmission history in the case of a registered letter with delivery confirmation (Einwurfeinschreiben) / 3. burden of proof of a whistleblower in a dismissal lawsuit / 4. qualification of a managerial employee (leitender Angestellter) according to Section 5 (3) of the German Works Constitution Act (Betriebsverfassungsgesetz, BetrVG) / 5. claims for damages for forwarding private chat messages to the human resources department
"Monthly Dose" Employment Law: 04/2025: 1. offsetting alternative earnings despite paid garden leave under a termination agreement with "Sprinter Clause" / 2. abusive nature of compensation claims for discrimination filed by “AGG hoppers” / 3. inadmissibility of sending election documents for works council elections in a blanket manner / 4. group privilege in the context of employee leasing / 5. (non-)repeat of the negotiation procedure on employees participation in the formation of an SE via a shelf company / 6. employee status of freelance lecturers due to the lack of personal dependence in crowdwork-like activities
Monthly Dose Employment Law: 03/2025: 1. co-determination right of the works council regarding the adjustment of remuneration for an exempted works council member; 2. collective bargaining regulations for overtime pay for part-time employees; 3. entitlement to a wage increase based on the principle of equal treatment in the event of non-signing of new contracts; 4. replacement of consent for the classification of an employee into the non-tariff sector; 5. obligation to record working hours for domestic workers.
Monthly Dose Employment Law: 02/2025: 1. remuneration of rest breaks by allocation at the employer’s reasonable discretion; 2. required minimum difference between non-tariff remuneration and the highest tariff remuneration; 3. reclaiming of continued remuneration in case of doubtful incapacity for work; 4. grossly negligent violation of safety instructions as an extraordinary reason for termination; 5. necessity of carrying out a prevention procedure pursuant to Section 167 (1) of the Ninth German Social Code (SGB IX).
Company pension law – Case Law Update 1/2025: 1. entitlement to pension obligations based on the labour law related equal treatment principle in the executive of normative provisions; 2. requirements for the deterioration of company pension schemes within a company group; 3. employer's contribution to salary conversion in accordance with Sec. 1a (1a) of the German Company Pension Act; 4. requirements for the conditional and causal link between a pension commitment and the beneficiary's work for the company for the qualification of the pension commitment as a company pension scheme
Monthly Dose Employment Law: 01/2025: 1. co-determination of the works council in the introduction of desk sharing and a clean desk policy ; 2. inflation compensation during parental leave under collective bargaining agreement; 3. remuneration entitlements of employees in dismissal lawsuits in case of malicious omission to other earnings; 3. overtime pay entitlements of part-time employees.
Doing business in...: overview of the laws and regulations on doing business in a variety of jurisdictions
Commercial Law (Contracts)
The 19th sanctions package against Russia: With the 19th sanctions package, the EU member states have decided on further and, in some cases, comprehensive financial and economic sanctions (embargoes) against Russia and Belarus.
The 17th sanctions package against Russia: Passing the 17th sanctions package, EU member states once impose further financial and economic sanctions against Russia.
Doing business in...: overview of the laws and regulations on doing business in a variety of jurisdictions
Regulatory & Compliance
The 19th sanctions package against Russia: With the 19th sanctions package, the EU member states have decided on further and, in some cases, comprehensive financial and economic sanctions (embargoes) against Russia and Belarus.
Update Energy Law September 2025 (in German language): Bundesregierung legt Gesetz für einen Zuschuss zu den Übertragungsnetzkosten vor; Kabinett beschließt Gesetzentwurf zum KRITIS-Dachgesetz; EU-Parlament und Rat der Europäischen Union beschließen CBAM-Reform; Monitoringbericht zur Energiewende veröffentlicht.
The 17th sanctions package against Russia: Passing the 17th sanctions package, EU member states once impose further financial and economic sanctions against Russia.
Doing business in...: overview of the laws and regulations on doing business in a variety of jurisdictions
Monthly Dose of Germany
We would like to share some interesting insights into the German Legal market and recent developments as well as interesting events and publications with you.
