Employment trends Germany - January 2022

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Annual outlook 2022

Plans of the new federal government for a "modern working environment"

The new coalition government has ambitious plans in terms of employment law. According to the coalition agreement, they want to "shape the modern world of work, enable career opportunities, and reconcile security and flexibility." Katharina Siewert explains here which specific projects are on the government's agenda.

EU Whistleblowing Directive - what applies since 17 December 2021?

The deadline for transposing the corresponding EU Directive into national law expired on 17 December 2021 - implementation by the new federal government is expected this year. Nevertheless, there is already a need for companies to take action now, as we have explained in our articles and webinars.

• Webinar Whistleblowing 3.0 - last call for compliance? Available in German On Demand.
• Sascha Morgenroth and Elisa Grote: Implementation of the EU Whistleblower Directive in Germany. Read more.

Mandatory employer contribution for deferred compensation as of January 2022

Since 1 January 2022, employers are obliged to pay a contribution for all deferred compensation, regardless of the date the contract was concluded. Annika Scheske explains in her article what this means for companies. Read more.

Works Council Elections 2022 in the light of the Works Council Modernisation Act

The Works Council Modernisation Act (Betriebsrätemodernisierungsgesetz) and new election regulations will bring significant changes to the elections taking place between 1 March and 31 May 2022. Since obstructing works council elections is a criminal offense, employers should be aware of the key changes, which Sven Lombard summarizes. Read more.

News on working time recording

Kerstin Helmerich explains why companies should consider introducing a working time recording system even before a recent ECJ ruling is implemented into national law. Read more.

Current topics and important BAG rulings

No vacation entitlement in case of short-time work “Zero”

Annika Scheske
Do employees acquire an entitlement to full annual leave even during short-time work "zero"? The clear answer of the LAG Düsseldorf and now also of the BAG is: No (BAG, 30 November 2021 - 9 AZR 225/21). Read more.

Reimbursement of investigation costs in compliance investigations

Annika Scheske
Claim for damages: Investigation costs occurred due to a significant breach of duty are to be covered by the employee, the BAG ruled in April 2021 (Ref. 8 AZR 276/20). Read more.

Weakened probative value of a sick leave certificate immediately after termination

Annika Scheske
The fundamentally high probative value of a certificate of incapacity for work can be weakened if employees submit it at the same time as they give notice of their own termination, the BAG ruled on 8 September 2021 (Ref. 5 AZR 149/21). Read more at the Handelsblatt Rechtsboard (in German only).

Pay transparency: pay inequality substantiates presumption of discrimination

Sascha Morgenroth and Elisa Grote
A number of recent decisions by the German Federal Labour Court has brought new momentum to the discussion on transparent pay structures (BAG, 21 January 2021 - 8 AZR 488/19). Read more.

Current developments on Covid-19

Special zones for vaccinated and recovered people

The establishment of special zones for vaccinated and recovered persons at the workplace can serve to protect the health of employees and prevent the spread of the virus as a whole. From a legal perspective, however, there are currently a number of things to consider, as Katharina Siewert explains in Handelsblatt Rechtsboard (in German only).

No quarantine compensation for the unvaccinated

Do unvaccinated employees continue to receive their pay in the event of quarantine? Annika Scheske answers these and other questions in an interview with FOCUS Online. She also explains why employees and civil servants are treated differently in the event of quarantine. Read on focus.de (in German only).

Covid-19: Still topical issues

Covid testing and vaccination requirements at work?

Katharina Siewert
Whether employers in Germany can make corona testing or vaccination a requirement is the subject of public debate and legal disputes. A first German court decision on this issue is already available. Read more.

Vaccination status query and updated Covid-19 workplace regulations

Sascha Morgenroth and Katharina Siewert
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.

Who bears the costs for the workplace at home?

Eva Heinrichs
Whether the employer has to bear the costs often depends on details. Making provisions in advance lowers the potential for disputes. Read more.

Employees now obliged to work from home

Eva Heinrichs
While employees were previously only asked to make use of their employer's home office offer, they are now principally obliged to do so. Read more.

Return to office - employer may instruct employees to return

Annika Scheske
Employers are allowed to instruct employees to return from the home office and work from the office again, a recent court ruling clarifies. Read more.

"Vaccination bonus" for employees - legally permissible or not?

Sascha Morgenroth and Kerstin Helmerich
As an employer, may I pay my employees a "vaccination bonus"? On the significance of a vaccination against the Corona virus in the employment relationship. Read more.

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.