2017 is an election year in Germany. Usually this means that parties change into the campaign modus and legislative amendments are rare. This is not the case in 2017, partly due to the fact that most pundits expect the grand coalition to continue after the election.
The evaluation of employee performance and quality of work is essential for employees in all industries. Deficits can lead to complaints of customers and clients and thus may seriously endanger the success of the business enterprise. Specific issues arise in call centers, where main task of employees is answering calls in order to deal with the customer problems or to create new business. The solicitation of new business through calls initiated by the employee is a main line of business for many companies. Employers in such situation have a valid interest in monitoring and / or recording both the verbal communication between the employees and the customers and to record the details of calls that have been made. Employees on the other hand have a valid interest to protect their personality rights, the same applies to customers who call or are contacted.
2016 promises to be an interesting year in German employment law. Only a few days after a draft law on new regulations for temporary work and the differentiation between employment relationships and freelance and works contracts have been published (although it has been meanwhile been withdrawn and will be newly discussed in January) a new draft law on equal pay for men and women has been published by the competent Ministry for Families, Senior persons, Women and Youth. Further the government announced to prepare a further law giving employees the right to return to a fulltime job after having reduced the work time previously.
EMPLAWYERS partner Roland Falder has published a trilingual handbook on German und Chinese labour and employment laws together with his co-author Michael Lorenz, international tax expert and owner of a law firm based in Bangkok and Hong Kong. Roland Falder has a longstanding experience with international secondments to and from China and is a frequency speaker on Chinese employment law topics.
The handbook contains a description of the principles of German and Chinese labour, social security and tax laws in German, English and Chinese. It further includes templates and excerpts from relevant legal materials (such as the Sino German Double Taxation Treaty).
The book will be useful for foreign HR experts dealing with China and makes communication between HR departments and consultants in China and abroad easier. Even experts only interested in German or Chinese employment law will be able to benefit from the handbook.
The book is available in stationary German and Chinese bookstores and with many online dealers (such as amazon.de).
The European Court of Justice (ECJ) has decided that time spent travelling to and from first and last customers by workers without a fixed office must be regarded as working time.
In July 2015 we informed about the non-binding opinion of the Advocate General and the upcoming decision of the ECJ concerning the Spanish case Federación de Servicios Privados del sindicato Comisiones Obreras v. Tyco Integrated Security SL, Tyco Integrated Fire & Security Corporation Servicios SA.
In its decision the European Court of Justice has now acted on the suggestion of the Advocate General and has held, that for the purposes of the Working Time Directive the time spent travelling between an employee's home and the premises of the customer designated by the employer at the beginning and end of each day, should count as working time.