Topic Law

News & Stories

Not all settlement pay-outs result in a freeze on unemployment benefit
It all depends on how it's agreed
18.4.2008

Offenbach. Settlement pay following termination of employment results in the employee being unable to draw employment benefit for a period following dismissal. Where the employee reaches a settlement during proceedings for unfair dismissal, however, this is not the case. Details from recent judgements in German employment law.

Preliminary judgement in favour of small pubs
15.2.2008

Koblenz. Small public houses in the German state of Rhineland-Palatinate may  for the time being - once again allow their guests to smoke. This was the judgement delivered by the State Constitutional Court last Monday. Nevertheless, the reprieve applies only to very small pubs.

Settlement payments on redundancy
The greed for more tempered by the courts
8.2.2008

Offenbach. What must employers expect to pay in redundancy sums in order to avoid proceedings brought for unfair dismissal by affected employees? Joachim Jungbluth, hospitalityInside.com's labour law expert explains.

Non-smoking capers and a constitutional complaint
11.1.2008

Berlin. On January 1, 2008, the new non-smoking regulation came into force in Germany. The new regulation prohibits smoking in hotels and restaurants, whereas the federal states implement the new law in different ways. The German Hotel and Restaurant Association is taking legal action against this statutory ban on smoking.

What to do about negative hotel ratings posted on the internet
Keep watch and respond
30.11.2007

Augsburg. There are very few court judgements on this topic, and the ones that exist are heavily biased to the freedom of expression of the guest. Hoteliers have little legal opportunity to even counter negative criticism posted on online hotel rating platforms, not least then to have it deleted. Whether reports of burnt pancakes count as expression of opinion or of fact depends entirely on the guest's choice of words. Hoteliers tread a thin line.

The European Court of Justice confirms legality of age limits
The Spanish lead the way
9.11.2007

Offenbach. The recent judgement handed down by the European Court of Justice has its roots in Spanish litigation. Nevertheless, the implications of the decision have relevance in all EU countries. Three weeks ago the ECJ confirmed the legality of age limits in tariff agreements. The decision is already being discussed in political circles in Germany.

Relaxation of the Young Workers Protection Act debated
Should they work an hour longer?
28.9.2007

Offenbach. In Germany, the relaxation of young worker protection provisions affecting the hotel and restaurant industries is currently being debated. Two differing bills are being discussed by politicians.

1 year after the Equal Treatment Act: 20 questions for the personnel boss
AGG hoppers are out there
24.8.2007

Mainz. Times in which job applicants have nerves before the interview are, with the introduction of the Equal Treatment Act one year ago, now well and truly over. The new Act has given rise to a whole range of new tricksters who turn up to interviews only later to issue claims for damages on their not being employed. AGG hop-pers are on the move.

Law suit against NewGen plc
18.5.2007

Duesseldorf. A shareholder of NewGen plc has instituted legal proceedings against two of the decisions taken at the extraordinary shareholders meeting on 28 February 2007.

Recent judgement on the abuse of Protection from Unfair Dismissal Act
Attempt to claim severely disabled status failed
18.5.2007

Offenbach. In a recent judgement, the German Federal Labour has prevented a further abuse of the Protection from Unfair Dismissal Act. In a recently decided case, an employee had attempted to have a dismissal declared void by way of application to the court for equal treatment with a severely disabled employee.

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