The German quadrennial works council elections in spring 2026 are approaching. The modern workplace—with matrix structures, platform work, and home office arrangements—raises questions of who is entitled to vote, and where and when an independent establishment (or part thereof) exists. The German Federal Labor Court (Bundesarbeitsgericht (BAG)) addressed this latter
Germany
Travel Time or Working Time? What the Latest CJEU Decision Means for Employers in Germany
Travel Time or Working Time? What the Latest CJEU Decision Means for Employers in Germany
Monday morning, 7:15 a.m. A company vehicle pulls out of the parking lot. The destination is a conference hotel about 90 minutes away for a training session. One employee is driving, another is answering work
Clarification From Germany’s Federal Labor Court: 3rd League Soccer Referees Are Not Employees
Soccer fans are familiar with the nerve-wracking situation in which players and spectators have to wait for the video assistant referee (VAR) to review a decision during a soccer match, and a referee sometimes reverses his previous decision after a long wait. The referees in the third division may have
German Regional Labor Issues Ruling on the Domestic Application of General Protection Against Dismissal
Technological progress offers employees and employers increasing opportunities for flexible employment arrangements. For example, employees can live in Germany and work from home for foreign companies without having to relocate and thus change their entire living circumstances. The consequences of such contractual arrangements under dismissal law are currently illustrated by
Further Clarity on the German Pay Transparency Act: Top Earners as Suitable Comparators
Further Clarity on the German Pay Transparency Act: Top Earners as Suitable Comparators
The EU Pay Transparency Directive stipulates that member states must transpose their provisions into national law by June 7, 2026.
tgelbman@littler.com Tue, 12/09/2025 – 10:52
Germany’s Federal Labor Court Rules on Probationary Periods in Fixed-Term Contracts
Germany’s Federal Labor Court (Bundesarbeitsgericht (BAG)) recently ruled that there are no rigid limits on the proportionality of the duration of a probationary period for fixed-term employment contracts, and that the limit depends on the individual case (judgment of October 30, 2025 – 2 AZR 160/24). The BAG’s opinion answers