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German member firm, KELLER MENZ, identified as a top employment law firm in Germany

The employment practice at German member firm KELLER MENZ has once again been identified as a recommended firm for providing employment law services to corporate clients. They have been included in a list of the 68 top firms in all…
Posted on 1st June, 2023
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Keller Menz – Employment law for companies.

We are proud to announce that KELLER MENZ, CELIA Alliance's German member firm, is listed in the "German Commercial Law Firms 2022/2023" JUVE handbook for another year. JUVE publications have been issued annually since 1998 to provide commercial law firms…
Posted on 8th November, 2022
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Mobile Working, Home Office, or Teleworking, are they under the same regulations?

Under German law, employers need to ensure they use decisive wording in agreements for mobile working, home office or teleworking to avoid possible pitfalls. Although these terms are often used as synonyms, under German law, they may have different legal…
Posted on 20th September, 2022
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Employers to ensure written employment particulars are given of face fines of up to EUR 2,000 per employee

In June 2022, a new law is expected to be passed in Germany implementing the EU Directive 2019/1152 into national law. The new law supplements existing German law which already provides for the right of employees to a written record…
Posted on 14th June, 2022
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Keller Menz excels with presence in law firm rankings for their employment law practice in 2020

In June 2020, Keller Menz was named one of four "preferred law firms" in Munich (Kanzleimonitor, p. 141). Thomas Keller was named as a recommended lawyer based on recommendations by companies and in-house lawyers. In July 2020, Brand eins labelled…
Posted on 4th January, 2021
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Germany: A year on: a review of the new laws on the expiry of paid annual leave entitlements

In February 2019, the BAG (German Federal Labour Court) decided to change the law on the expiry of paid annual leave entitlements.  What are the changes?  Previously to the Federal Labour Court’s decision, untaken paid annual leave expired at the…
Posted on 1st January, 2020
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Germany: New legal provisions to apply for A1 certificate

An A1 certificate for a posted employee can only be applied for electronically in Germany. An A1 form determines which social security legislation applies to the holder of the certificate. The online process is now available, according to § 106…
Posted on 8th January, 2019
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New disclosure rules to ensure equal pay in Germany

A new law (EntgTranspG) to ensure equal pay of male and female employees comes into effect in Germany this summer (the “Act”). This will require employers, upon request by an employee, to disclose anonymised salary details of other employees working…
Posted on 7th January, 2017
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Workforce planning in Germany: new rules for temporary agency work

On 1 April 2017, a new law governing temporary agency work came into effect in Germany (the “Act”).  Businesses operating in Germany, whether suppliers or end users of agency workers, must take note of the new rules under the Act…
Posted on 4th January, 2017
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Increase in German Minimum Wage

Effective from 1 January 2017, the minimum wage in Germany will increase from €8.50 to €8.84per hour. Currently, there are some exceptions for collective bargaining agreements.  From 1 January 2017 collective bargaining agreements have to provide a minimum wage of…
Posted on 10th January, 2016
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Validity of Exclusion Clauses in Employment Contracts

It is common practice for German employment contracts to have a mutual clause that excludes claims by either party if they have not been declared by written notice within a three month period.  These clauses usually require the notice to…
Posted on 10th January, 2016
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New German Social Security Contribution Caps for 2017

The German Federal Cabinet has published the draft of a regulation concerning the social security contributions of 2017.  As provided for in the German Code of Social Law, important social security contribution ceilings are adjusted according to the income in…
Posted on 10th January, 2016
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Employers no longer obliged to offer positions in overseas branches for forced redundancies

Under German law, redundancy dismissals must be based on compelling operational reasons and, in order to avoid wrongful termination of employment, the employer must prove that the position now being made redundant permanently ceases to exist and offer the employee…
Posted on 4th January, 2016
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What part should return to work assessments play in the dismissal of sick employees?

In general, where employees are unfit for work for more than six consecutive weeks or on an aggregate basis within a year due to health reasons, it is vital that the employer conduct a return to work assessment known in…
Posted on 4th January, 2016
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New social security contributions

The German Federal Cabinet has published the draft of a regulation concerning the social security contribution ceilings of 2016. As provided for in the German Code of Social Law, important social security contribution ceilings are adjusted according to the income…
Posted on 10th January, 2015
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Germany: employer fined for spying on sick employee

A German employer who hired a private detective to check whether a sick employee was really unfit for work has been fined for violating the employee’s human rights.  After the ruling by the German Federal Labour Court, the employee was…
Posted on 3rd January, 2015
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New ‘Frauenquote’ introduces targets for senior women in Germany

In December 2014, the German government introduced legislation to increase the number of women in senior positions in Germany’s leading organisations.  From 2016, at least 30% of all supervisory board positions in Germany’s largest companies must be held by women.…
Posted on 1st January, 2015
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Wife inherits dead husband’s holiday pay

In a decision that could affect all EU countries, the European Court of Justice (ECJ) has ruled that a German company was acting against EU law when it refused to pay the widow of a former employee an allowance in…
Posted on 10th January, 2014
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German Social Security Rates for 2015

The expected 2015 social security rates for Germany are set out below.  These are subject to confirmation by the Federal Cabinet and Council in October 2014. New rates for 2015 Area of social security Contribution threshold 2015* Pension and unemployment…
Posted on 9th January, 2014
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Minimum wage to be introduced in Germany from 2015

A minimum wage of € 8.50 gross per hour will be introduced in Germany for the first time from January 2015. Collective agreements with a lower minimum wage can still remain in force until December 2016. The minimum wage will…
Posted on 7th January, 2014
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Germany: Tax exemption for ‘non standard’ working hours is restricted

The tax exemption available for additional amounts paid to an employee for working at night-time, Sundays and during public holidays will not apply if the hourly remuneration of the employee is the same, regardless of the day or hour Background…
Posted on 3rd January, 2010
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Germany: No entitlement to statutory severance payment where employee files a claim for unfair dismissal

Where an employer offers a severance payment that is to be paid in certain circumstances where an employee refrains from filing a claim for unfair dismissal, it is not then obliged to pay the severance payment if the employee fails…
Posted on 3rd January, 2010
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Germany: Tax treatment of costs incurred by employer for vocational training of employees – reversal of previous position

Costs of training met by an employee will not form taxable salary for an employee provided certain conditions are met. Where an employer pays the costs of vocational training for an employee, this does not constitute taxable salary of the…
Posted on 10th January, 2009
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Germany: Wage tax: Glasses may be provided tax free, subject to conditions

The costs of employees' special glasses will be free of income tax and social security where: a specialist carries out the eye examination; the result of the examination is that the special glasses are required by the employee, such that…
Posted on 10th January, 2009
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Germany: New limits on variable pay arrangements

Recent case law decisions mean it is now necessary to revise clauses in employment contracts which provide that certain payments are discretionary or may be revoked in certain circumstances.  The nature of a discretionary payment means that the employee is…
Posted on 10th January, 2009
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Germany: Social security and gardening leave- new rules from 1 July 2009

Where an employment relationship comes to an end, the employer and employee often agree that the employee need not provide his services until the end of the notice period, although the employer is still obliged to pay the contractual remuneration…
Posted on 10th January, 2009
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Germany: Agreed position on the taxation of redundancy payments as between Germany and Belgium, the Netherlands and Switzerland not valid

The German court rejects the agreement made between national fiscal authorities as non-binding thereby abandoning the previously understood tax treatment. The German Federal Finance Court has ruled that redundancy payments received by the employee after termination of the employment contract…
Posted on 10th January, 2009
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