Employment trends Germany - July 2022

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Current topics

New German Evidence Act: Action required by employers

Annika Scheske
In order to implement the EU Transparency Directive, the German legislator has passed amendments to the German Evidence Act ("NachwG") which require employers to take action to address these topics. Annika Scheske explains in this article which measures employers need to take in order to be prepared for the law to enter into force on 1 August 2022.

New regulation of the status determination procedure

Alexander Greth
There are advantages and disadvantages to employing freelancers. In the worst case, however, legal misjudgement can result in years of back payments of social security benefits. Legal certainty can be provided by the new regulation of the status determination procedure. Read more.

BAG facilitates mass dismissal notification

Sven Lombard
In its ruling of 19 May 2022, the Federal Labour Court (BAG) decided in the case 2 AZR 467/21 that the absence of the so-called "desired information" pursuant to Section 17 (3) sentence 5 of the German Unfair Dismissals Act (KSchG) does not in itself lead to the invalidity of a mass dismissal notification by the employer to the Employment Agency. Read more.

Implementation of the EU Whistleblowing Directive in Germany

Sascha Morgenroth
While the implementation deadline for the EU Whistleblowing Directive passed at the end of 2021, there is still disagreement in the current German coalition government about how to implement it in national law. Nevertheless, there are points that companies already need to prepare for. Read more.

Covid-19 and New Work

Workplace safety and Covid-19: Current recommendations of the BMAS

Alexander Greth
On 25 May 2022, the German SARS-CoV-2 Occupational Health and Safety Ordinance expired. However, this does not mean that the obligations of companies have expired. Alexander Greth explains decisions employers must make with regard to the risk of infection and the corresponding recommendations published by the Federal Ministry of Labour and Social Affairs (BMAS) here.

Hybrid Working Survey

Alexander Greth
How do companies want to enable their employees to combine mobile and office-based working in the future? Alexander Greth analyses the survey conducted by Simmons, in which more than 50 companies participated. Find out here how other companies assess hybrid working (in German).

The German employment law practice headed by Dr. Sascha Morgenroth acts for a large number of national and international companies as well as for a number of leading international investment banks and DAX/MDAX companies.

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