News-Archive

Just as the year draws to a close, there is one more piece of good news for employers: it was often the case to date that employees registered with the employment agency as unemployed after being dismissed by their employer. There, claims to default of acceptance wages were asserted. Frequently, either no or insufficient efforts to apply for jobs were made in such cases. In its decision of 30 September 2022 - 6 Sa 280/22, the Regional Labour Court [Landesarbeitsgericht, LAG] of Berlin-Brandenburg "certified" that an employee had made insufficient efforts to apply for a job and dismissed his claim to default of acceptance wages.

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On 16 December 2022 - and thus exactly three years after the EU Whistleblower Directive came into force - the Bundestag passed the new, long overdue German Whistleblower Protection Act [Hinweisgeberschutzgesetz, HinSchG]. Previously, the Legal Affairs Committee had made significant last-minute changes to the bill.

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German and European investors in the energy and commodities sector with an eye on the exchange between Chile and the EU - two like-minded regions sharing common democratic values and ambitious climate-change targets - can be pleased at the end of this year with the conclusion of negotiations on the modernization of the 2002 Association Agreement between Chile and the EU, which, among others, sets forth express provisions to secure European investors, offtakers and consumers access to green hydrogen, green ammonia, e-fuels and lithium in a sustainable way.

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The Oppenhoff partners have re-elected the management team for the next three years. The firm’s chairwoman Myriam Baars-Schilling, Dr Harald Gesell and Dr Jürgen Hartung are thus starting their second joint term of office and, together with COO Jörg Overbeck, will continue to form the firm's Executive Board.

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Today the ECJ ruled that a statute of limitations and a forfeiture of claims to (payment in lieu of) holiday could only come into consideration if the employer had fulfilled its cooperation obligations with regard to the holiday claim.

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In response to targeted attacks by Russia against civilians and civilian infrastructure in Ukraine, the European Union intends to increase pressure on Russia further with the ninth sanctions package. The package entered into force on 17 December 2022 and supplements the existing sanctions.

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A year ago, our Newsletter took a look at the coalition agreement signed by the new so-called traffic-light coalition at the beginning of December 2021. Not much of the labour law aspects of this agreement has been implemented to date. And this, despite the fact that "working time recording” is a most pressing topic for companies. This is fuelled not least by the surprising decision of the German Federal Labour Court [Bundesarbeitsgericht, BAG] of 13 September 2022. As things currently stand, the government is likely to introduce its first draft legislation on the recording of working hours in the first quarter of next year. In the current issue of Focus on Labour Law, you will find the usual overview of the most important labour court decisions, news regarding the minimum wage, and the social security calculation parameters that will apply from 01 January 2023. Finally, we would like to draw your attention to our new Legal Tech Tool, which allows you to quickly and easily check online the compliance risks associated with your company’s use of external personnel. We wish you and your families a relaxing holiday period and all the best for the year 2023!

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Find out more about our IT law & data protection practice group - now regularly summarised for you at a glance! On a quarterly basis, we will be presenting you with the most important developments in IT law and data protection. In addition to informing you of the latest draft laws and developments in the field, we advise you on classic IT law, data protection law and new media. Please also feel free to contact us for audits, IT project support and consulting, including cloud computing, e-commerce topics and social media issues.

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In its ruling of 29 June 2022, the German Federal Supreme Court affirmed that the application of English inheritance law to the estate of a person living in Germany has to be regarded as a violation of German public order insofar as it deprives children of the deceased of their claim to a compulsory portion which, according to the case law of the German Federal Constitutional Court, is irrevocable and independent of need. The decision means that, in future, in cross-border succession planning with a connection to Germany, even more attention must be paid than before to whether beneficiaries of the compulsory portion are being ignored.

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Oppenhoff has appointed new partners with effect from 1 January 2023. Dr. Vanessa Pickenpack has joined the group of equity partners. Edder Cifuentes has been made a partner. In addition, Dr. Carsten Bormann, Robert Fischer-Sonnberg and Sebastian Gutmann have been promoted to junior partners.

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