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59 Pages on the Tag „Employment Law“
Can small errors in mass layoff notices invalidate dismissals?
state: 12.8.2026, reading time approx. 2 min
Germany’s Federal Labor Court ruled that small mistakes in mass layoff notices—like slightly overstating the number of employees to be dismissed—don’t automatically invalidate terminations if the employment agency can still fulfill its role. The June 2026 decision (6 AZR 7/26) clarifies when procedural errors cross the line into legal invalidity.
Can a US contract block German severance pay?
state: 9.8.2026, reading time approx. 2 min
The Federal Labor Court ruled that a US employment contract cannot override German wage claims during wrongful termination disputes. Employees based in Germany may still claim unpaid wages for the notice period, even if their contract specifies foreign law. Case 2 AZR 96/24, decided July 30, 2026.
Late bonus targets: Can you claim compensation?
state: 7.8.2026, reading time approx. 2 min
Germany’s Federal Labor Court ruled that employees cannot claim compensation for late bonus targets if the employer later sets a fair target. The case involved a manager who argued he would have earned more if targets had been set on time for 2021.
Can my employer withhold compliance reports about me?
state: 7.8.2026, reading time approx. 2 min
The Federal Labor Court ruled that employees cannot demand full copies of internal compliance reports about their conduct, even if they contain personal data. The decision balances data protection rights with business confidentiality and third-party privacy.
Inflation bonus during phased retirement?
state: 2.8.2026, reading time approx. 2 min
The Federal Labor Court ruled that employees in block-model phased retirement receive inflation compensation payments only proportionally to their reduced working hours. The decision affects public sector workers with phased retirement agreements.
When does a pension increase take effect?
state: 2.8.2026, reading time approx. 2 min
A recent ruling by Germany’s Federal Labor Court (BAG) clarifies when pension adjustments based on wage increases must take effect. The court decided that pension increases only apply after the wage increase period has ended, not simultaneously. This affects retirees receiving company pensions tied to current wage developments.
Can a German contract override foreign labor laws?
state: 30.7.2026, reading time approx. 2 min
A German employer’s standard contract clause choosing German law was ruled invalid because it didn’t clarify that Dutch labor protections could still apply. The ruling affects cross-border remote workers and highlights the need for clear legal disclaimers in employment contracts.
Can your employer take away your company car after quitting?
state: 29.7.2026, reading time approx. 1 min
A German federal labor court ruled that employers cannot unilaterally suspend employees after termination without valid reasons. This affects benefits like company cars, which may still be owed during the notice period. Case: 5 AZR 108/25 (2026).
Can an employer reduce a works council member's pay?
state: 23.7.2026, reading time approx. 2 min
Germany’s Federal Labor Court ruled that employers can’t unilaterally reduce pay for works council members unless they prove the original pay adjustment was incorrect. The case involved a long-serving works council member whose pay was cut from level 14 to 13 after the company reviewed compensation practices.
Can a settlement end your job without a real reason?
state: 23.7.2026, reading time approx. 2 min
A German court ruled that a settlement agreement ending employment must involve active court participation to be legally valid. Employees cannot be forced into fixed-term contracts without proper justification, even if both sides agree.
Which union’s pay deal applies at my workplace?
state: 21.7.2026, reading time approx. 2 min
Germany’s Federal Labor Court ruled that only the pay deal of the union with the most members at a workplace applies—even if multiple unions negotiated contracts. The decision affects train drivers and other employees at Deutsche Bahn subsidiaries.
Do pipe cleaning services require social fund contributions?
state: 17.7.2026, reading time approx. 2 min
A German federal labor court ruled that pipe cleaning inside buildings qualifies as construction work, requiring employers to pay social fund contributions. The decision affects businesses performing maintenance on drainage systems, even if no structural changes occur.
Can a bonus plan be imposed without clear rules?
state: 17.7.2026, reading time approx. 2 min
The Federal Labor Court ruled that a company’s bonus plan is invalid if it leaves key distribution decisions to management without clear guidelines. The decision (1 ABR 23/25) affects both performance-based bonuses and profit-sharing for employees.
Is a letterbox delivery valid without a handover attempt?
state: 11.7.2026, reading time approx. 2 min
A German Federal Labor Court ruling clarifies that dropping legal documents in a company’s mailbox is only valid if a personal handover was first attempted. This affects deadlines for appeals and other legal actions. Decision from March 25, 2026 (5 AZR 65/25).
Can you be fired for frequent sick leave?
state: 10.7.2026, reading time approx. 2 min
The Federal Labor Court ruled that employers cannot dismiss employees for frequent sick leave without first conducting a proper occupational reintegration management (bEM) process. The case involved an employee with repeated absences who was fired after the employer failed to prove delivery of a bEM invitation.
Can a late marriage block survivor’s pension?
state: 10.7.2026, reading time approx. 2 min
Germany’s Federal Labor Court ruled that excluding survivor’s pensions for marriages entered after age 60 violates anti-discrimination law unless tied to typical retirement age. The decision affects employees with company pension plans.
Can my employer remove my early retirement option?
state: 1.7.2026, reading time approx. 2 min
The Federal Labor Court ruled that employers can’t unilaterally remove early retirement options if they were explicitly agreed in employment contracts. This decision protects long-standing benefits for employees at subsidiary companies.
Inflation bonus during sick leave?
state: 26.6.2026, reading time approx. 2 min
The Federal Labor Court ruled that employees on sick leave or parental leave are entitled to an inflation compensation bonus if they were employed during the reference month. The decision clarifies that the bonus is not tied to actual work performance but serves as financial relief for all employees.
Can a chauffeur claim daily allowances for ministerial trips?
state: 20.6.2026, reading time approx. 2 min
The Federal Labor Court ruled that a chauffeur driving a state minister is not entitled to daily allowances (Tagegeld) for trips between the minister’s home and official appointments. The ruling clarifies that such trips are part of the chauffeur’s core duties, not separate business travel. Decision dated April 23, 2026 (6 AZR 211/25).
Equal pay for equal work in church-run care?
state: 19.6.2026, reading time approx. 2 min
Germany’s Federal Labor Court ruled that church-run employers must follow the same equal treatment rules as other employers. A children’s nurse in a Catholic care facility successfully claimed equal pay with higher-paid colleagues doing identical work, despite different job titles.
Is my job classified for higher pay?
state: 19.6.2026, reading time approx. 2 min
A German federal labor court ruling clarifies when employees handling complex insurance cases qualify for higher pay grades. The decision affects workers in public health insurance roles with specialized advisory duties.
Can late pay lead to interest claims?
state: 19.6.2026, reading time approx. 2 min
A German employee successfully claimed interest on delayed wage payments after a misclassification dispute. The Federal Labor Court ruled that employers must pay interest if they wrongly withhold wages, even during legal uncertainty. The case involved a public-sector worker whose pay was corrected after years of underpayment.
Protected During Every Parental Leave Block?
state: 19.6.2026, reading time approx. 2 min
Germany’s Federal Labor Court rejected an employer’s appeal: if you split your Elternzeit (parental leave) into several blocks, you’re protected from dismissal for eight weeks before each block starts - not just the first one. The BAG’s written reasoning is not yet available.
Fired After Losing Your Manager Title? (BAG 2 AZR 89/25)
state: 19.6.2026, reading time approx. 2 min
A man who was removed as GeschäftsfĂĽhrer (the German equivalent of a managing director with company-law powers) kept ordinary employee protection against dismissal months later, Germany’s top labor court ruled. The court’s written reasoning is not yet available.
Can a works council election be invalidated later?
state: 17.6.2026, reading time approx. 2 min
Germany’s Federal Labor Court ruled that a works council election can only be challenged within two weeks of the result being announced. Missing this deadline—even due to missing paperwork—makes the election final, regardless of any errors.
Can your employer withhold bonus targets?
state: 16.6.2026, reading time approx. 2 min
The Federal Labor Court ruled that employers must communicate bonus targets at the start of the performance period. If they fail to do so, employees are entitled to the full bonus amount as damages. The decision clarifies that unclear or delayed target-setting violates contractual obligations.
Can a works council change pension rules without a formal vote?
state: 13.6.2026, reading time approx. 2 min
German court rules that a pension change agreement was invalid because the works council never formally voted on it. The employer must now pay the difference in pension benefits.
Can I request salary details from colleagues?
state: 13.6.2026, reading time approx. 2 min
The Federal Labor Court ruled that, under the Pay Transparency Act, employees may only request information regarding the previous calendar year, not multiple years. Furthermore, this right applies only to their own workplace. A case from Cologne illustrates the practical limitations of the law.
Dismissed During Probation Despite Severe Disability?
state: 13.6.2026, reading time approx. 2 min
Germany’s Federal Labour Court ruled that a probationary dismissal is void if the employer fails to properly involve the disability representative. Affected employees hold a recognised degree of disability.
Does your yearly bonus count toward your pension protection?
state: 13.6.2026, reading time approx. 2 min
An annual bonus that partly depends on whether the company meets its own targets does not count toward the guaranteed minimum income under the German metalworking industry collective agreement. The Federal Labour Court confirmed this on 28 April 2026 (5 AZR 79/25).
Do doctors with temporary licenses get full pay?
state: 13.6.2026, reading time approx. 2 min
A resident doctor working under a provisional licence – not yet fully licensed – was denied pay under the doctors' collective agreement. Germany’s Federal Labour Court confirmed: the tariff applies regardless. The hospital must pay the agreed rate.
Can a church require faith for a non-religious job?
state: 13.6.2026, reading time approx. 2 min
Germany’s Federal Labor Court upheld a church employer’s right to require membership in a Christian church for a policy research role, even when the job isn’t directly religious. The ruling clarifies when faith can be a hiring requirement under anti-discrimination law.
Severance from a German insolvency plan: too late after 12 years?
state: 13.6.2026, reading time approx. 2 min
Germany’s Federal Labour Court ruled on 1 June 2026 that a worker who waited nearly ten years to claim information about his severance entitlement under an insolvency social plan lost that right. The case (Az. 1 AZR 166/25) shows how strict German deadlines can be – even when the insolvency administrator never told workers their money had become available.
Does a reference letter need a company letterhead?
state: 1.6.2026, reading time approx. 2 min
A German labor court ruled that an employment reference must include a proper letterhead with the employer’s name and address. If the company uses official stationery, the reference must be issued on it. The case clarifies that failing to meet these formal requirements means the reference is invalid, even if the content is correct.
Can my boss transfer me to the department that's being sold?
state: 13.6.2026, reading time approx. 2 min
The Federal Labor Court ruled that employers can transfer employees to a transitional unit before this unit is sold (Betriebsübergang) if done properly under §106 GewO. This affects employees facing restructuring or potential job transfers during mergers.
Burden of proof for not having worked remotely.
state: 1.6.2026, reading time approx. 2 min
The Berlin labor court ruled that an employee’s remote work did not justify termination. The case involved a press officer who adjusted her vacation days to work remotely while traveling, but her employer accused her of time-sheet fraud. The court found no evidence of misconduct.
Can a side business justify immediate termination?
state: 1.6.2026, reading time approx. 2 min
A Berlin labor court ruled that an employee’s unauthorized side business on social media can justify immediate termination. The decision clarifies when competitive or reputation-damaging activities breach employment duties, even without a formal non-compete clause. Case: 22 Ca 10849/25 (2026).
Do teachers in Berlin get a 300€ monthly allowance?
state: 1.6.2026, reading time approx. 2 min
Berlin teachers without civil servant status may be entitled to a 300€ monthly allowance for 2024 under Berlin’s budget law, even without declaring non-beamten status. The ruling affects teachers who couldn’t be civil servants due to age limits.
Can a rabbi be fired for sexual misconduct?
state: 1.6.2026, reading time approx. 2 min
A Berlin labor court ruled that a rabbi’s sexual assault of a community member during a counseling session constitutes a severe breach of trust, justifying immediate termination without warning. The decision (12 SLa 876/25, Nov 7, 2025) clarifies that such misconduct violates workplace protections, even if the victim isn’t an employee.
German Employment Law vs. Common Law: Key Differences
state: 29.5.2026, reading time approx. 3 min
German employment law is codified, layered, and judge-developed in ways that surprise expats from common law countries. Here’s what’s actually different – and why it matters.
Collective Agreements in Germany: Tarifvertrag and Betriebsvereinbarung
state: 29.5.2026, reading time approx. 3 min
Your German employment contract may be the least important document governing your working conditions. Tarifvertrag and Betriebsvereinbarung can override it – in your favour or against. Here’s what expats need to know.
Dismissal in Germany: Your Rights as an Expat
state: 5.6.2026, reading time approx. 3 min
Dismissed in Germany? Your employer had to follow strict rules – and probably didn’t follow all of them. Here’s what to check, and why you need to move fast.
Equal Pay in Germany: Challenging a Pay Gap
state: 29.5.2026, reading time approx. 3 min
A 2025 Federal Labour Court ruling simplified equal pay claims significantly. One male colleague earning more for the same work is now sufficient evidence. Here’s how to use it.
German Employment Law for Expats
state: 1.6.2026, reading time approx. 2 min
Dismissed, unpaid, or confused by your German employment contract? German labour law protects you – but only if you act in time. A practical guide for expats in Germany.
AI at Work in Germany: When Can Your Employer Threaten Dismissal?
state: 29.5.2026, reading time approx. 3 min
German employers are issuing warnings and threatening dismissal over AI tool use. The law is still catching up, but some clear lines are emerging. What expats working in Germany need to know.
German Employment References (Arbeitszeugnis) for Expats
state: 5.6.2026, reading time approx. 2 min
Every employee in Germany is entitled to a written reference. The problem: it uses a coded language that sounds positive but often isn’t. Here’s what expats need to know.
Holiday Pay After Dismissal in Germany
state: 29.5.2026, reading time approx. 3 min
Unused holiday doesn’t disappear when your employment ends in Germany. Your employer has to pay it out – if you know to claim it. Here’s how.
How German Employment References Work: The Code Explained
state: 29.5.2026, reading time approx. 4 min
German reference letters follow a strict coded language. A reference that sounds fine can mean mediocre or worse. Here’s how to read what your reference actually says.
Pay and Wages in Germany: Your Rights as an Expat
state: 5.6.2026, reading time approx. 2 min
Unpaid wages, holiday pay after dismissal, equal pay: German law gives employees strong claims. But deadlines apply. Here’s what expats need to know.
Severance Pay in Germany (Abfindung): How It Works
state: 29.5.2026, reading time approx. 3 min
Germany has no automatic right to severance pay on dismissal. In practice, most contested dismissals end with a payment. Here’s the logic, the amounts, and how to negotiate.
Summary Dismissal in Germany: Fired With Immediate Effect
state: 29.5.2026, reading time approx. 2 min
Fired with immediate effect in Germany? That’s a high legal bar. Courts overturn summary dismissals regularly. Here’s what your employer had to prove – and what to check.
The Three-Week Deadline After Dismissal in Germany
state: 29.5.2026, reading time approx. 3 min
In Germany, you have exactly three weeks from receiving a dismissal to file a claim. Miss it, and the dismissal stands – permanently. Here’s what expats need to know.
The Works Council in Germany: What Expats Need to Know
state: 29.5.2026, reading time approx. 3 min
Germany’s works council (Betriebsrat) is nothing like a union or HR department. It has real legal powers – including the ability to make your dismissal invalid. Here’s how it works.
Understanding German Employment Law: A Guide for Expats
state: 29.5.2026, reading time approx. 2 min
German employment law operates on fundamentally different principles from UK, US, or Australian law. Here’s the foundation expats need before anything else makes sense.
Unpaid Wages in Germany: What to Do
state: 29.5.2026, reading time approx. 2 min
Unpaid wages in Germany need to be dealt with quickly. Exclusion clauses in your contract can wipe out valid claims within months. Here’s the step-by-step approach.
Warning Before Dismissal in Germany (Abmahnung)
state: 29.5.2026, reading time approx. 3 min
In Germany, most dismissals for misconduct require a prior written warning (Abmahnung). No warning, no valid dismissal. Here’s how the rule works and when exceptions apply.
Your German Employment Contract Explained for Expats
state: 29.5.2026, reading time approx. 4 min
German employment contracts contain clauses that work very differently from what expats expect. Overtime provisions, exclusion periods, non-competes, probation: here’s what to look for.
Can you be fired during probation without a real reason given?
state: 1.1.0001, reading time approx. 3 min
Germany’s Federal Labour Court confirmed: during probation, employers don’t need to give concrete reasons when consulting the works council before dismissal. A general negative assessment suffices. But a botched repeat dismissal can still protect employees. Case: 2 AZR 191/25.
Early Retirement Pay: Does On-Call Money Count?
state: 1.1.0001, reading time approx. 2 min
An employee wanted his regular on-call pay included in the calculation of his early retirement pay (Vorruhestandsgeld). Germany’s Federal Labour Court rejected his appeal. The lower court had ruled that only the fixed collectively agreed salary counts, not payments for standby duty. The BAG’s written reasoning is not yet available.