GÖRG Employment Tracker, 04/2025

Köln, 07.04.2025

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With our Employment Tracker we regularly look into the "future of labour law" for you! At the beginning of each month we present the most important decisions expected for the month from the Federal Labour Court (BAG) and the European Court of Justice (ECJ) as well as other courts. We report on the results in the issue of the following month. In addition, we point out upcoming milestones in legislative initiatives by politicians, so that you know today what you can expect tomorrow.

 

Recent decisions

  • Compensation for default of acceptance during the leave of absence
  • Compensation for damages due to late target setting
  • Duty of care of the lawyer when checking the deadline
  • Claim to employer’s allowance under Section 1a para. 1a of the German Company Pension Act (BetrAVG)
  • Remuneration claims of a released works council member
  • Taking virtual options into account when calculating compensation for non-competition
  • Short-time allowance – company requirements – entitlement to benefits – establishment – establishment
    department – field representative in Germany – establishment headquarters in Italy
  • Federal Labour Court increases night bonuses: Federal Constitutional Court sees violation of collective bargaining autonomy

 

Upcoming decisions

  • Payment of a commission in the cryptocurrency Ether
  • Ineffectiveness of an exclusion clause due to the lack of an exception to GDPR claims arising from the scope of the clause
  • Electronic commerce and the General Data Protection Regulation

 

Legislative initiatives, important notifications & applications

  • Transitional regulation on the social insurance obligation for teachers
  • Applicability of the first provisions of the AI Regulation
  • National Action Plan against Labour Exploitation and Forced Labour adopted by the Federal Cabinet
  • Prohibition of the processing of unnecessary master data in the employment relationship
  • Pension Value Determination Ordinance
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