Employment trends Germany - September 2021 issue

Für eine deutsche Version des Newsletters klicken Sie bitte hier. | To read this newsletter in German, please click here.

Event on 28 September 2021: Employment Law Update

In this issue, we would like to draw your attention not only to our current publications, but also to our "Employment Law Update" event on 28 September 2021. At this event, we will inform you about the successful transition to hybrid working and the return to the office, about do's and don'ts in restructuring and the latest from case law and legislation.

Participation is possible at our office in Frankfurt or online. You can find more information and the link to the registration here. Please note that this event is held in German.

Current insights

Artificial intelligence soon in the focus of works councils?

The Works Council Modernisation Act strengthens the rights of the works council in digitalisation projects, also with a view to the use of Artificial Intelligence in HR projects. Read more here.

Implementation of the EU Whistleblower Directive in Germany

The draft "Whistleblower Protection Act" is unlikely to be implemented before the December 2021 deadline – but companies nevertheless need to act now. Read more here.

Breaches of duty – who bears the investigation costs?

Damage claim - Investigation costs occurred due to a significant breach of duty are to be covered by the employee, according to the German Federal Labour Court. Read more here.

Article series: German employment law in restructuring

In part 1 of our Insight series "Employment law in restructuring", we provide information on the concepts of restructuring and operational change within the meaning of section 111 of the Works Council Constitution Act (BetrVG). In the following part 2, we present the most important basics with regards to reconciliations of interests and social compensation plans and discussed the possible legal consequences of not observing co-determination rights. The focus of part 3 of our Insight series is on the employment law issues that employers regularly face in connection with a planned staff reduction.

• Part 1: The terms restructuring and operational change (Lara Kalina)
• Part 2: Reconciliation of interests and social compensation plans (Annika Scheske)
• Part 3: Staff reductions (Lara Kalina and Annika Scheske)

Current developments on Covid-19

Vaccination status query and updated Covid-19 workplace regulations

New agreement on the much discussed issue of vaccination status queries and adaptation of the SARS-CoV-2 Occupational Health and Safety Regulation. Read more here.

Return to office – employer may instruct employees to return

Employers are allowed to instruct employees to return from home and work from the office again, even though there are still risks due to Covid-19. Read more here.

New German Covid-19 occupational health and safety regulation

The ordinance, applicable until 10 September 2021, lifted the "working from home obligation", among other things. Read more here.

The German employment practice, headed by Sascha Morgenroth, acts for a variety of national and international companies as well as for a number of leading international investment banks and DAX/MDAX-listed companies.

We are able to provide you with legal advice and forensic services in all fields of individual and collective employment law.