Germany: Employment Litigation/ Tribunals

The German Federal Labor Court has issued critical rulings on occupational pensions that reshape how employers must interpret salary conversion arrangements and pension plan eligibility. These decisions clarify when collective bargaining agreements can validly exclude mandatory employer subsidies and establish that apprentices may accrue pension entitlements under certain plan rules.

The German Federal Labor Court has issued a significant ruling that may ease the administrative burden on international employers terminating employees in Germany. In cross-border situations, the court held that strict written-form requirements under German law may not always apply, potentially allowing termination by email or telephone under certain circumstances. This decision creates new flexibility for U.S. employers and others operating across borders, though careful legal analysis remains essential.

A German labor court has ruled that an employee's announcement of family care leave immediately following a separation meeting constituted an abuse of rights, denying special dismissal protection. The decision establishes that when multiple indicators suggest an employee's primary intent is avoiding termination rather than providing genuine care, employers may successfully challenge the protection typically afforded under Germany's Family Care Leave Act.

Employers may not always want (or be able to afford) to offer employees promotions or perks on a permanent basis.

Questions concerning the expiry and time-barring of holiday claims have been the subject of labour court disputes since time immemorial.

If an employee in Germany is the subject of an internal investigation and the suspicion of misconduct is substantiated, his or her employers often faces a ...

European anti-discrimination law does not protect mock applicants, i.e. applicants who are not interested in being hired, but solely apply in order to bring claims on the grounds of discrimination.

On August 3, 2016, Germany's Federal Labor Court ruled that while the payment of employee bonuses and their amounts are at the discretion of the employer, they are subject to full judicial review.

On July 13, 2016, the Frankfurt Higher Labor Court held the dismissal of an employee in response to demands by the New York State Department of Financial Services (NYDFS) was invalid.