Key Aspects Of German Employment And Labour Law

Author : Jens Kirchner,Pascal R. Kremp,Michael Magotsch
Publisher : Springer Science & Business Media
Page : 348 pages
File Size : 49,7 Mb
Release : 2010-06-16
Category : Law
ISBN : 9783642006784

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Key Aspects of German Employment and Labour Law by Jens Kirchner,Pascal R. Kremp,Michael Magotsch Pdf

This publication gives an overview of all key aspects of German labour and employment law as well as adjoining fields. Legal professionals with expert knowledge and many years of experience explain the legal basis of these aspects of German law, point out typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimize risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany. All three editors of the book, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are key legal professionals working at the Frankfurt office of DLA Piper, one of the largest legal services providers in the world (www.dlapiper.com), with national and multinational clients. Their experience includes the management of cross-border restructurings, outsourcing and transfer of undertaking measures, as well as the management of national and multi-jurisdictional merger and acquisitions projects, including post-merger integration processes.

Author : Jens Kirchner,Pascal R. Kremp,Michael Magotsch
Publisher : Springer
Page : 343 pages
File Size : 46,9 Mb
Release : 2010-05-30
Category : Law
ISBN : 3642006779

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Key Aspects of German Employment and Labour Law by Jens Kirchner,Pascal R. Kremp,Michael Magotsch Pdf

This publication gives an overview of all key aspects of German labour and employment law as well as adjoining fields. Legal professionals with expert knowledge and many years of experience explain the legal basis of these aspects of German law, point out typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimize risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany. All three editors of the book, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are key legal professionals working at the Frankfurt office of DLA Piper, one of the largest legal services providers in the world (www.dlapiper.com), with national and multinational clients. Their experience includes the management of cross-border restructurings, outsourcing and transfer of undertaking measures, as well as the management of national and multi-jurisdictional merger and acquisitions projects, including post-merger integration processes.

Author : Manfred Weiss,Marlene Schmidt
Publisher : Kluwer Law International B.V.
Page : 278 pages
File Size : 51,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127938

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Labour Law and Industrial Relations in Germany by Manfred Weiss,Marlene Schmidt Pdf

Labour Law and Industrial Relations in Germany gives the reader a broad understanding of German labour law covering all important aspects. The book deals with the sources of labour law, individual employment relationships, collective bargaining, remuneration, working conditions, and dispute settlement.

Author : Ilona Zenker
Publisher : BoD – Books on Demand
Page : 130 pages
File Size : 54,6 Mb
Release : 2014-12-12
Category : Law
ISBN : 9783734740060

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Basics of German Labour Law by Ilona Zenker Pdf

Its a guide for German Labour Law and gives an overview of the main aspects of the individual employment relationship between employers and employees.

Author : Nicole Elert,Christopher T. Brooks
Publisher : Walter de Gruyter GmbH & Co KG
Page : 242 pages
File Size : 47,8 Mb
Release : 2014-01-01
Category : Law
ISBN : 9783110302820

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German Employment Law by Nicole Elert,Christopher T. Brooks Pdf

In modern employment practice, the question of who falls under the jurisdiction of German labor law (employees, freelancers, employers, works councils, labor unions, representatives for the disabled, employer’s associations, etc.) is an increasingly salient issue faced by foreign firms and firm owners, human resource, tax, and legal departments, as well as investors and foreign employees. Specifically, many firms have questions concerning the application of German law for establishing, managing, and terminating employment contracts with foreign or German workers within Germany. In this connection, issues frequently arise concerning foreign assignment, residency, and visa law, and an extremely wide range of legal provisions must be taken into account, including the AGG (General Non-Discrimination Act), BetrVG (German Employees Representation Act), Tarifrecht (Collective Bargaining Law), BUrlG (German Federal Leave Act), TzBfG (Part-Time Work and Fixed-Term Employment Act), AÜG (Employee Transfer Act), BDSG (German Federal Data Protection Act), KSchG (German Protection Against Dismissal Act), EntgeltfortzahlungsG (Continued Remuneration Act), GewO (German Industrial Code), and MutterschutzG (Maternity Protection Act). Beyond this, secondary questions related to income tax law, international taxation, and social security law may arise. Against this complex backdrop, the present work intends to answer questions most frequently asked by foreigners when dealing with German employment law.

Author : Manfred Weiss,Marlene Schmidt,Daniel Hlava
Publisher : Kluwer Law International B.V.
Page : 288 pages
File Size : 53,6 Mb
Release : 2020-09-22
Category : Law
ISBN : 9789403524610

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Labour Law and Industrial Relations in Germany by Manfred Weiss,Marlene Schmidt,Daniel Hlava Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Germany not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Germany, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

Author : Joachim Gres,Harald H. Jung
Publisher : Unknown
Page : 305 pages
File Size : 51,8 Mb
Release : 1983
Category : Labor laws and legislation
ISBN : 3787540121

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Handbook of German Employment Law by Joachim Gres,Harald H. Jung Pdf

Author : Stefan Lingemann,Robert von Steinau-Steinrück,Anja Mengel
Publisher : Unknown
Page : 552 pages
File Size : 55,6 Mb
Release : 2003
Category : Industrial relations
ISBN : STANFORD:36105063592112

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Employment & Labor Law in Germany by Stefan Lingemann,Robert von Steinau-Steinrück,Anja Mengel Pdf

Author : Jeremias Prassl
Publisher : OUP Oxford
Page : 260 pages
File Size : 52,7 Mb
Release : 2015-03-26
Category : Law
ISBN : 9780191054433

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The Concept of the Employer by Jeremias Prassl Pdf

Employment law has increasingly struggled to adapt to complex modern work arrangements, from agency work to corporate groups. This book suggests that the reason for this failure can be found in our concept of the employer, which has become riddled with internal contradictions in its search for a unitary employer, the counterparty to a bilateral contract, through a series of multi-functional tests focussed on the exercise of a range of employer functions. As a result of this tension, full employment law coverage is restricted to a narrow scenario where a single legal entity exercises all employer functions - a paradigm far from the reality of modern labour markets characterized by a fragmentation of work, from the rise of employment agencies and service companies to corporate groups and Private Equity investors. These problems can only be addressed by a careful reconceptualization and the development of a functional concept of the employer. The book draws on existing models in English, German, and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current concept is addressed in turn to demonstrate how a more openly multi-functional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. It fills a crucial gap in employment law and corporate law with its analysis of the defects in our current understanding of the employer, and in developing a new functional concept designed to overcome the problems identified.

Author : Gerlind Wisskirchen,Martin Lützeler
Publisher : Unknown
Page : 0 pages
File Size : 54,5 Mb
Release : 2022-07-20
Category : Electronic
ISBN : 9403544546

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Labour and Employment Compliance in Germany by Gerlind Wisskirchen,Martin Lützeler Pdf

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book - one of a series derived from Kluwer''s matchless publication International Labour and Employment Compliance Handbook - focuses on the relevant laws and regulations in Germany. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Germany on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: · written and oral contracts · interviewing and screening · evaluations and warnings · severance pay · reductions in force · temporary workers · trade union rights · wage and hour laws · employee benefits · workers'' compensation · safety and environmental regulations · immigration law compliance · restrictive covenants · anti-discrimination laws · employee privacy rights · dispute resolution · recordkeeping requirements A wealth of practical features such as checklists of do''s and don''ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book''s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

Author : Gerlind Wisskirchen,Martin Luzeler
Publisher : Kluwer Law International
Page : 128 pages
File Size : 40,8 Mb
Release : 2016-10-19
Category : Electronic
ISBN : 9041184856

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Labour and Employment Compliance in Germany by Gerlind Wisskirchen,Martin Luzeler Pdf

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book one of a series derived from Kluwer s matchless publication International Labour and Employment Compliance Handbook focuses on the relevant laws and regulations in Germany. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Germany on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: written and oral contracts interviewing and screening evaluations and warnings severance pay reductions in force temporary workers trade union rights wage and hour laws employee benefits workers compensation safety and environmental regulations immigration law compliance restrictive covenants anti-discrimination laws employee privacy rights dispute resolution recordkeeping requirements A wealth of practical features such as checklists of do s and don ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers. "

Author : Tamás Gyulavári,Emanuele Menegatti
Publisher : Kluwer Law International B.V.
Page : 608 pages
File Size : 53,6 Mb
Release : 2019-12-06
Category : Law
ISBN : 9789403502045

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The Sources of Labour Law by Tamás Gyulavári,Emanuele Menegatti Pdf

Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

Author : Paul Lambert
Publisher : Bloomsbury Publishing
Page : 417 pages
File Size : 49,8 Mb
Release : 2020-03-25
Category : Law
ISBN : 9781526514233

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Data Protection, Privacy Regulators and Supervisory Authorities by Paul Lambert Pdf

Data Protection, Privacy Regulators and Supervisory Authorities explores and details the establishment, rules, and powers of data protection regulators and supervisory authorities. It also discusses rights issues (pursuing and defending) as well as the developing area of fines and contestability. Data protection and privacy are arguably the most significant developing areas of law and policy. New regulations span from the GDPR (EU) to the CCPA (California), and other new rules internationally. How the new data protection rules operate on a day-to-day basis is linked to the activities, functions and orders of data protection regulators and supervisory authorities. This brand new title includes coverage of: - The establishment and wider powers of the new data regulators - The new sanctions, orders, penalties and powers to enforce compliance - The new obligations to contact data regulators even before data collections - The detailed GDPR and DPA powers and requirements - Recent fines, penalties and case law including CJEU This book is essential for any entity dealing with the new data protection and privacy issues as no company, organisation nor their internal or external advisors, can ignore these new regulators, nor fully understand the new data protection and privacy compliance landscape without a detailed appreciation of these regulators.

Author : Joachim Gres,Harald H. Jung
Publisher : Springer
Page : 312 pages
File Size : 52,5 Mb
Release : 1983-09-28
Category : Law
ISBN : STANFORD:36105043828966

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Handbook of German Employment Law by Joachim Gres,Harald H. Jung Pdf

Manual on labour law relating to working conditions and labour relations in Germany, Federal Republic - covers labour contract negociation, rights and obligations; civil law and commercial law statutes, and collective agreements; includes dismissal agreements, occupational safety, social protection, retirement, redundancy, layoffs, labour dispute, etc.; and includes relevant texts and sample forms.

Author : Stephen J. Silvia
Publisher : Cornell University Press
Page : 296 pages
File Size : 53,5 Mb
Release : 2013-11-15
Category : Political Science
ISBN : 9780801469657

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Holding the Shop Together by Stephen J. Silvia Pdf

Since the onset of the Great Recession, Germany’s economy has been praised for its superior performance, which has been reminiscent of the "economic miracle" of the 1950s and 1960s. Such acclaim is surprising because Germany’s economic institutions were widely dismissed as faulty just a decade ago. In Holding the Shop Together, Stephen J. Silvia examines the oscillations of the German economy across the entire postwar period through one of its most important components—the industrial relations system. As Silvia shows in this wide-ranging and deeply informed account, the industrial relations system is strongest where the German economy is strongest and is responsible for many of the distinctive features of postwar German capitalism. It extends into the boardrooms, workplaces and government to a degree that is unimaginable in most other countries. Trends in German industrial relations, moreover, influence developments in the broader German economy and, frequently, industrial relations practice abroad. All these aspects make the German industrial relations regime an ideal focal point for developing a deeper understanding of the German economy as a whole. Silvia begins by presenting the framework of the German industrial relations system—labor laws and the role of the state—and then analyzes its principal actors: trade unions and employers’ associations. He finds the framework sound but the actors in crisis because of membership losses. Silvia analyzes the reasons behind the losses and the innovative strategies German labor and management have developed in their efforts to reverse them. He concludes with a comprehensive picture and then considers the future of German industrial relations.