News & Stories

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Commission clauses now enforceable

What happens when a company employs temporary agency staff

30.3.2007

Offenbach. It's often the case that hotels make use of temporary agency workers only later to discover that these workers would make a good addition to their own team. But what about commission payable to the hire firm? In a move away from previous case law, the German Federal Court last December refused to strike out a commission clause in standard contract terms.

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E-Mails need a new "footing"

9.2.2007

Munich. As many companies are already aware: Since the beginning of the year, all business e-mails, faxes and postcards in Germany are to include the same information as that already laid down for business letters.

HI+

Procedural flaw is no defence

Dismissal of disabled employee is possible in case of working time fraud

12.1.2007

Offenbach. The dismissal of disabled employees in Germany is a tricky subject which most employers try to avoid. A recent case, however, shows that these fears are unfounded where the disabled employee committed a breach of duty which in no way is related to his or her disability.

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Victory of the Wellness definition

The Belgian city of Spa comes out on the losing side for the first time

24.11.2006

Offenbach. The European Trade Mark Office in Alicante, Spain, has for the first time allowed an appeal against the Belgian city of Spa. With this, applicants were allowed to register their word-picture brand two weeks ago: Their brand name includes the word "Spa". The outcome of the case seems to tip the city of Spa's monopoly and clear the way for the hotels and the leisure industry in general to make use of the word.

HI+

Clear protection for expectant mothers

Pregnancy and the Employment Contract: Employer always pays

3.11.2006

Offenbach The employer always pays, even when the applicant knowingly denies at interview that she's pregnant and then later needs to take extensive parental leave. Impatient colleagues whose verbal outbursts are directed toward the expectant mother only make the situation worse. The law provides clear and comprehensive protection for expectant mothers. An impressive case from recent practice in Germany.

HI+

Lawsuit in progress

"The Leading Hotels of the World" fight for their trade mark status

22.9.2006

New York. Online Travel Group in South Africa, owner of the domain leadinghotels.com, is seeking cancellation of the trademark "The Leading Hotels of the World" registered in France in 1986. The Leading Hotels of the World consortia is heavily protesting and has brought legal action against Online Travel Group. Some time ago, Leading Hotels had to accept the fact that a company from Offenbach, Germany, had snatched the preferred name of "Small Leading Hotels" away from it.

HI+

Equal Treatment Act come into force today

18.8.2006

Berlin. On 1 August 2006, the General Equal Treatment Act should have gone into force. The absence of the German President's assent, however, meant that the new law could not be fully enacted until this Friday with its publication in the Federal Law Gazette.

HI+

Small cause, four breaches

The law on working time - 70 years of employment protection

18.8.2006

Offenbach. This year is the 70th anniversary of the German legal provisions on working time. Employee protection still enjoys importance. Nevertheless, provisions on working are still the root of many pitfalls in everyday working life. A case study.

HI+

Hotel-TV charges: First victory in court

11.8.2006

Berlin. In the proceedings of Rheinhotel Dreesen against the collecting society VG Media initiated by the German Hotel and Guest House Association and the German Hotel Association, a clear step forward has been made.

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Employers will probably (have to) pay more

The new act on equal treatment in practice - the difficulties

21.7.2006

Augsburg. When the new law on equal treatment takes effect on August 1, hardly anything will be as it previously was for employers. Even simple formulations of job advertisements, disputes among employees, salary scales or "normal" looking applications may turn into pitfalls. Hans-Joachim Jungbluth, labour lawyer and expert for hospitalityInside.com, points out details in practice.

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