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No obvious lack of competence of a conciliation committee with regard to the introduction of electronic recording of working time
The Munich Higher Labour Court recently had to deal with the establishment of a conciliation committee to arrange the "introduction of electronic recording of working time" and decided that the works…
European Court of Justice: Children are liable for their parents!
On 6 October 2021, in the context of the truck cartel, the Grand Chamber of the European Court of Justice (ECJ) has delivered a judgment regarding private enforcement of cartel damages. The ECJ…
Works council elections 2022: The election campaign has started
The 2022 works council elections are just around the corner. Between 1 March and 31 May 2022, employee representatives will once again be elected in German undertakings. Even though this…
Works council elections 2022: The election procedure - Part I: Preparations by the electoral board
The electoral board is responsible for the precise organisation of the election. It normally consists of three employees (who are entitled to vote). This means that the members are not election…
Communication and duty of neutrality of the employer during works council elections
The employees are responsible for organising and holding works council elections. The German Works Constitution Act (Betriebsverfassungsgesetz – “BetrVG”) and the Election Rules (Wahlordnung – “WO”)…
Online voting for works council elections?
The exact way in which the works council election has to take place is set out in the German Works Constitution Act (Betriebsverfassungsgesetz – “BetrVG”) and the Election Rules (Wahlordnung –…
Legal protection options for the employer, as things do not always go well
If mistakes become apparent in the ongoing election procedure, the employer may seek a preliminary injunction to have the mistakes corrected. As correcting mistakes is a less drastic measure than…
Works council election: Who pays for the election?
Pursuant to Section 20 (3) sentence 1 German Works Constitution Act (Betriebsverfassungsgesetz – “BetrVG”), the employer bears the cost of the works council election. In a joint business, the…
Recent decision of the Berlin Labour Court: electronic signature regularly insufficient for fixed-term employment contracts
The Berlin Labour Court ruled in a judgment of 28 September 2021 (case reference: 36 Ca 15296/20) that a fixed-term employment contract signed in electronic form does not satisfy the formal…
„Die Innenstadt von Morgen – ein Spiegelbild des mittelalterlichen Marktplatzes“
Luther: Der Städtetag 2021 in Erfurt steht unter dem Motto „Was Leben ausmacht. Die Städte in Deutschland“. Seit vielen Jahren sehen wir, dass sich die Innenstädte stark verändern: Online und…