Topic Law

News & Stories

New Care Act in force: The right to short-term leave
Staff right to leave dominant
17.10.2008

Offenbach. Imagine the following situation. An employee approaches his/her employer saying: "My grandmother has taken ill and from now on will need to be cared for, I need two weeks off to organise this..." Whereas up until 1 July 2008, the employer could have pointed to the fact that the intensity of current business makes time off impossible or that the employee could take holiday in lax periods, the legal situation in Germany is now different.

Holiday entitlement does not lapse on start of 2nd period of parental leave
Change in case law
25.7.2008

Offenbach. Summer time is holiday time. But what are the rules con-cerning holiday rights in connection with consecutive periods of parental leave? Joachim Jungbluth, hospitalityInside.com`s legal expert and partner specialising in labour law at Niederhausen and Jungbluth Chambers in Offenbach gives advice following a recent judgement by the Federal Labour Court.

Swiss Lex Koller relaxed - Opportunity for resorts
11.7.2008

Bern. The French company Les Maisons de Biarritz plans to build a 4 star hotel complex in Champery in the Swiss Canton of Valais. The complex will include three hotels, a thermal bath with 15 chalets and 51 apartments. The plans have been drawn up with the agreement of the Canton. Now, the Federal Justice Department has issued a claim before the Valais Canton Court aimed at preventing the construction of the 15 Chalets and 51 apartments. The project breaches "Lex Koller", the Department announced just a few days ago. Nevertheless, Valais' regional government reacted positively: For hotel companies, it might be possible to sell individual apartments to non-Swiss nationals.

Discrimination on grounds of disability
Registration of posts suitable for disabled persons mandatory
2.5.2008

Offenbach. Wherever a position capable of being filled by a disabled person becomes available, the employer is bound to register the existence of such with the local employment agency. Failure to do so could result in a claim for compensation on grounds of discrimination. Where such a claim is made, companies generally find it hard to convince the court that they had not acted discriminatorily.  A judgement from the German Federal Labour Court.

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.

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