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Preparing a Transfer of Business in Advance
Transfers before a transfer of business: employers may assign employees to a unit before it is sold if they exercise their right to give instructions properly.
7 hours ago


Site Closure: The Sequence Is Decisive
Reconciliation of interests, social plan and collective redundancy notification: the sequence employers must observe when closing a site.
7 hours ago
Damages for Late Communication of Company Targets: Employer Liable for the Full Target Bonus
BAG, judgment of 22 April 2026 – 10 AZR 28/25: if company targets are communicated only after the target period has ended, the employer is liable for the full target bonus.
19 hours ago


Keeping Employees Past Retirement Age: What Employers Should Regulate
Age-limit clauses, postponing the end date and new fixed-term hiring: how employers can retain employees beyond the standard retirement age in a legally sound way.
5 days ago


Reducing the Christmas Bonus? Review the Clauses First
Reducing or cancelling the Christmas bonus: what the voluntariness reservation, company practice and cut-off date clause mean for employers – with BAG case law and a checklist.
7 days ago


Freezing Salaries: What Employers May Do
Nil pay rise, collective agreements and established practice: when employers may freeze salaries and where collective agreements, BAG case law and works councils set limits.
Oct 23


BAG Ruling on Overtime Premiums for Part-Time Employees
The Federal Labour Court declares the rigid 40-hour threshold for overtime premiums invalid for part-time staff (5 AZR 96/25). What employers should now review.
Oct 23


Clock Change: What Applies to the Night Shift?
On the night of 25 October 2026 the night shift runs an hour longer. What employers need to know on the Working Time Act, pay, night supplements and co-determination.
Oct 19


When Suddenly Everyone Wants to Leave
Voluntary severance programmes carry typical risks for employers: selection, conclusion of contract, works council, mass dismissals and fair negotiation at a glance.
Oct 17


Restructuring in Mid-Sized Companies: Why the Target Organisation Chart Is the Real First Step
Anyone who has to reduce staff starts not with notice periods and severance, but with a stocktaking and a target organisation chart. Why the order of review decides in court.
Oct 16


Beware of Phone Instructions from Superiors! – CEO Fraud: When the Boss’s Voice Becomes a Trap
A treasury manager wired more than EUR 50 million to fraudsters posing as his superior over the phone and by messenger within 25 days. The Cologne Labor Court upheld his dismissal and full personal liability – even with D&O insurance in place.
Sep 30


No Mobbing in Everyday Workplace Conflicts: Mannheim Labor Court Dismisses Claim (Judgment of 11 June 2026 – Case No. 5 Ca 139/25)
The Mannheim Labor Court (judgment of 11 June 2026 – case no. 5 Ca 139/25) dismissed a mobbing claim: ordinary workplace friction does not amount to legally relevant mobbing.
Sep 24


The All-or-Nothing Principle Falls: Partial Incapacity for Work Arrives on 1 January 2028
From 1 January 2028, Section 44c SGB V allows partial incapacity for work of 25%, 50% or 75%. What employers need to know about voluntariness, the Hamburg model and payroll.
Sep 21


Why Excessively Long Notice Periods in Employment Contracts Backfire
Federal Labour Court (judgment of 26 October 2017 – 6 AZR 158/16): A three-year notice period unreasonably disadvantages employees – the statutory basic notice period then applies again.
Sep 3


Dismissal Risk from bEM Errors: Higher Labour Court of Baden-Württemberg Requires an Express Reference to the Company Doctor's Duty of Confidentiality
Higher Labour Court of Baden-Württemberg (judgment of 14 January 2026 – 4 Sa 39/25): If the bEM invitation lacks a reference to the company doctor's duty of confidentiality, a dismissal on grounds of illness fails.
Aug 30


Job Advertisement Without "m/f/d": Higher Labour Court of Hesse on Compensation Under the AGG and the Objection of "AGG Hopping"
Higher Labour Court of Hesse (judgment of 26 January 2026 – 7 SLa 435/25): Exclusively female job titles in a job advertisement establish the presumption of discrimination – the objection of abuse of rights regularly fails.
Aug 20


Variable Remuneration: Whoever Fails to Communicate Company Targets in Time Owes the Full Bonus (Federal Labour Court, 10 AZR 28/25)
Federal Labour Court (judgment of 22 April 2026 – 10 AZR 28/25): The burden of initiative for target setting lies with the employer; if communication is omitted, 100 % target achievement is regularly assumed.
Aug 6


The "Employee's Choice" Reference in a Settlement Is Enforceable (Federal Labour Court, Order of 7 May 2026 – 8 AZB 25/25)
Federal Labour Court: A right of the employee to draft his or her own employment reference agreed in a court settlement is enforceable – limited only by the duty of truthfulness in references.
Jul 30


Parental Leave in Instalments: Protection Against Dismissal Revives Before Each Period (Federal Labour Court, 2 AZR 213/25)
Federal Labour Court: Where several periods of parental leave are applied for, special protection against dismissal begins eight weeks before each period – even if all periods were applied for in a single letter.
Jul 11


Remuneration in Shares: The Prohibition of Payment in Kind under § 107(2) GewO Sets Limits for Start-ups (Higher Labour Court of Düsseldorf)
Higher Labour Court of Düsseldorf (judgment of 30 October 2008 – 5 Sa 977/08): Salary may not be replaced predominantly by non-voting preference shares – equity models only in addition to cash pay.
Jul 9
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