Six common employment law pitfalls for US companies operating in Germany
What are the common mistakes from an employment law perspective made by US companies operating in Germany?
Human Resources
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Bürokratieentlastungsgesetz und vereinfachte Beanspruchung der Elternzeit – Ein Mehrwert oder eher ein Risiko?
Mit Wirkung zum 1. Januar 2025 ist das vierte Bürokratieentlastungsgesetz („BEG IV“) in Kraft getreten.
Wet-Ink Signature Requirement – Must employment contracts be signed in writing under the amendments to the Verification Act (“Nachweisgesetz”)?
From 1 August 2022, stricter requirements apply to the proof of working conditions that the lawmakers consider essential. Depending on the way the verification requirements are implemented, this may lead to mandatory compliance with the written form for employment contracts.
No state compensation for unvaccinated employees in Covid-19 quarantine – Consequences for employers
Until now, employers have paid out the compensation for employees in Covid-19 quarantine according to the Infection Protection Act (Infektionsschutzgesetz - IfSG), which the federal state reimbursed them afterwards. However, since 1 November 2021, following a decision by the health ministers’ conference, state compensation for quarantine as a contact person shall be denied to unvaccinated persons with reference to the possibility of vaccination. The same applies to quarantine of unvaccinated persons after return from a travel area that was already classified as a risk area on the outward journey.
It is now important for employers to know whether they can refuse to pay wages to unvaccinated employees in contact quarantine and after-travel quarantine. It is also important to know whether they have the right to ask about the vaccination status of employees in Covid-19 quarantine.