News-Archive

In the third quarter of 2022, employers faced several landmark labour court decisions as well as legislation that will have a tangible impact on HR operations. Besides the reform of the German Act on Proof of Working Conditions in an Employment Relationship [Nachweisgesetz, NachwG], which came into force on 01 August 2022, HR departments are now also facing enormous chal-lenges through the ruling of the Federal Labour Court [Bundesarbeitsgericht, BAG] of 13 September 2022 on the recording of working hours and the ECJ ruling of 22 September 2022 on the statute of limitations for (residual) holiday claims. Other recently published BAG rulings are also forcing companies to adjust their processes in the field of compliance and when con-cluding shop agreements. We are pleased to present all of these recent developments in case law and legislation in this issue of our Focus Labour Law.

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Oppenhoff comprehensively advised the two founding shareholders on the sale of CORESIS Group, which specializes in real estate investment, asset and property management.

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For game manufacturers, changing the in-game payment or reward system in the game after the fact is often lucrative. This is not without risk.

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The progressive development of new technologies is also leading to new fields of application and innovations in the healthcare industry. A practice that has been established for decades in seafaring is now also finding its way into doctors’ surgeries: the remote treatment of patients without any physical real contact. In sparsely populated regions in particular, existing gaps in medical care can be closed through telemedicine, and even in urban areas the accessibility of specialist care can also be improved.

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It is not that long ago that the Advocate General's Opinions of March and May 2022 on the expiry of untaken paid annual holiday caused a stir. With today's rulings, the ECJ is now further strengthening employee rights in accordance with the Advocate General's position while at the same time significantly restricting employer rights.

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Oppenhoff advised tesa SE on the sale of tesa Labtec GmbH, a specialty pharmaceutical contract development and manufacturing organization for transdermal therapeutic systems and oral films, to Adhex Pharma.

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The Federal Government, through the Federal Ministry of Economic Affairs and Climate Action, placed Rosneft Deutschland and RN Refining & Marketing GmbH under the trusteeship of the Federal Network Agency . This is the first time that the BMWK has used a new legal basis anchored in the German Energy Security Act to avert risks in connection with the operation of critical infrastructures in the energy sector.

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The works council has no right of initiative regarding the introduction of time recording systems in the company. As expected, the Federal Labour Court [Bundesarbeitsgericht, BAG] confirmed its previous case law today (decision of 13 September 2022 - 1 ABR 22/21). At the same time, the BAG's decision has caused a sensation in the discussion on the recording of working hours: according to the Erfurt judges, if the German Occupational Health and Safety Act [Arbeitsschutzgesetz, ArbSchG] is interpreted in conformity with Union law, employers are currently already obliged to record employees' working hours.

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Although emergency plans, risk plans and safety laws have also existed for a long time in the energy sector, they have not been relevant to date because there was no acute risk situation. However, a crisis of unprecedented proportions is becoming increasingly likely - and is therefore causing a great deal of uncertainty in the market. More than ever, in-house counsel are being called upon to find solutions with their partners in law firms. Carmen Schneider, energy law ex-pert and partner at the law firm of Oppenhoff, therefore urgently recommends taking appropriate preventive measures.

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According to a press release dated September 6, 2022, the German Federal Cartel Office has no objections against a production cooperation among German sugar producers to mitigate a possible gas shortage. The decision is driven by the current geopolitical situation and has cross-industry significance.

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