Co-funded by the European Union
Germany
Newsletter February, 2022

CJUE: hours during the holiday period are counted as working time for overtime purposes

February, 2022
  • On 13 January 2022 in case No. C-514/20, the Court of Justice of the European Union (CJEU) provided a clarification on the inclusion of paid annual leave in the calculation of the volume of hours worked entitling to overtime pay.
  • It stated that, to determine whether the threshold of hours worked entitling the employee to an overtime bonus has been reached, the hours corresponding to the period of paid annual leave taken by the employee must be considered as hours worked.
Newsletter January, 2022

Belgium, Germany and Netherlands agreements on taxation regime for remote workers to be extended.

January, 2022
  • Due to COVID-19, the existing agreements on the tax regime of employees working at home, instead of in the country where they should normally work, was further extend until 31 March 2022.
  • The measure aims to prevent that the employment income of cross-border employees working from home becomes fully taxable in their State of residence.
Newsletter December, 2021

Germany: a new law on compulsory vaccination for health workers

December, 2021
  • On 10 December 2021, the Parliament passed the “Law to strengthen vaccination prevention against Covid-19".
  • By 15 March 2022, employees in clinics, nursing homes, outpatient care services and similar facilities must present proof of being vaccinated or convalescent.
Newsletter November, 2021

The definition of worker in the platform economy: Exploring workers’ risks and regulatory solutions (an European Economic and Social Committee workers’ group study)

November, 2021
  • The research report has been produced in the context of a project entitled ‘The definition of worker in the platform economy’ (CES/FSA/09/2020) commissioned by the workers’ group of the European Economic and Social Committee. 
  • The final report aims to contribute to the debate on platform workers’ risk and regulatory solutions.
Newsletter October, 2021

New Ways of Working: A comparative reference tool

October, 2021
  • New Ways of Working is a new comparative reference tool developed by International Employment Lawyer,providing information on key employment and compliance topics (such as vaccinations, legislation on remote work and social relations) in 20 countries around the world.
  • It enables multinational employers to compare different legal systems and their approach to the pandemic and new ways of working that recently developed.
Newsletter January, 2021

German Federal Labour Court decision on the case of a crowdworker and relative salary

January, 2021
  • The German Federal Labour Court (No. 9 AZR 102/201, 1 December 2020) re-classified the crowdworker as an employee
  • It determined also that for remuneration purposes, the company shall not be bound by pre-established fees that the worker received as a self-employed worker. 
Newsletter October, 2020

Violation of EU General Data Protection Regulation can result in heavy fines for companies

October, 2020
  • GDPR covers all data protection, including employment data and customer data.
  • Companies should carefully control the respect for the Regulation to avoid heavy penalties.
Newsletter September, 2020

Germany legislation on funds for training during the short-time work scheme duration

September, 2020
  • A draft legislation is under discussion to support investments in training during the operation of  the short time work scheme. 

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