Current
We will continually keep you up to date with new developments in labor law.
FOCUS Lawyers List 2018: WSK is once again one of Germany's top lawyers
AwardsThe Hamburg statistics company Statista has once again identified the best lawyers in the field of labor law for the current FOCUS lawyer list 2018 in FOCUS SPEZIAL ("Germany's top lawyers"). The lawyers who are in the FOCUS lawyer list…
Companies must check exclusion periods! Claims to the statutory minimum wage must be explicitly excluded!
GenerallyA current ruling by the Federal Labor Court dated September 18, 2018 (ref.: 9 AZR 162/18) has significant labor law consequences for companies. Almost all employment contract templates that companies use today contain so-called exclusion periods.…
Three-year notice period may be too long!
GenerallyThe Federal Employment Agency’s current “Skilled Labor Shortage Analysis” was published in June 2018. This analysis confirms a shortage of skilled workers, particularly in technical professional fields, in construction professions and in health and nursing professions. Because of…
Are doctor's visits allowed during working hours?
GenerallyIn an interview on web.de from September 12, 2018, lawyer Henning Schultze answers legal questions about doctor visits during working hours. https://web.de/magazine/ratgeber/job-lohn/arztvise-waehrend-arbeitszeit-erlaubt-33157392
Attorney Melanie Maier strengthens the WSK team
GenerallySince July 1st, 2018 we have strengthened our team of attorneys with Melanie Maier. She was admitted to the bar in July 2018 after successfully completing her studies at the University of Passau and her legal traineeship at the Higher Regional Court…
BAG confirms: Strikebreaking bonuses are permitted!
GenerallyWith the current ruling of August 14, 2018 (Az. 1 AZR 287/17), the Federal Labor Court (BAG) confirmed that an employer on strike is generally entitled to compensate employees called for a strike by promising a strike-breaking bonus...
Ms. Attorney Melanie Maier strengthens the WSK team
GenerallySince July 1, 2018, we have strengthened our legal team with lawyer Melanie Maier. She has been admitted to the bar since July 2018, after successfully completing her studies at the University of Passau and her legal clerkship…
It is possible for the employee to waive his or her right to object in the event of a transfer of business
GenerallyIn the event of a transfer of operations, the affected employees have the right to object in accordance with Section 613a Paragraph 6 of the German Civil Code (BGB). However, employees can waive this right to object, as the LAG Lower Saxony has stated in its current ruling...
The fact remains: No reimbursement of costs for out-of-court activities by the lawyer in labor law
GenerallyIn civil proceedings, the general rule applies that the losing party must also reimburse the winning party for its legal fees. In first instance labor court proceedings, this principle is enforced by the regulation of…
Missed exclusion deadline – a glimmer of hope!
GenerallyIn practice, almost all employment contracts contain exclusion periods. Exclusion periods are periods within which a claim must be asserted against the other contracting party (first stage) and, if necessary, sued for…
GmbH managing directors do not (in principle) enjoy any protection against dismissal
GenerallyThe Federal Labor Court recently dealt with the legal question of whether the Dismissal Protection Act applies to a GmbH managing director and whether he therefore enjoys protection against dismissal. The acceptance of such protection against dismissal…
Tactics in the dismissal protection process: “Withdrawal” of a termination, but correctly!
GenerallyEmployers regularly commission a lawyer to represent their legal interests as part of a dismissal protection process. For the advising lawyer, who initially prepares for any negotiations...
