Germany: Employment Litigation/ Tribunals

Germany's AGG hopping practice involves individuals submitting fake job applications solely to provoke discriminatory rejections and claim compensation under the General Act on Equal Treatment. Courts have established high thresholds for proving abuse of rights, while employers face significant liability risks despite recent case law developments and pending legislative amendments that may further complicate the landscape.

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.

The German Federal Labour Court has clarified the rules on when an employee who makes offensive comments about colleagues in a private chat can be dismissed.

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.

Eine mündlich ausgesprochene Eigenkündigung des Arbeitnehmers ist formnichtig; die Berufung auf die Formnichtigkeit ist selbst dann möglich, wenn während eines Zeitraums von 2 ...

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.