Employment Law Blog

European Court of Justice Hearing on EU-US Privacy Shield in Luxembourg on 1 and 2 July 2019

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Being the successor of the Safe Harbor Agreement declared ineffective by the European Court of Justice in 2015, the EU-US Privacy Shield now forms one of the most important legal bases for the transfer of personal data between the EU and the USA.

On 1 and 2 July 2019, the ECJ held the oral hearing in the legal dispute (Case T-738/16) concerning the EU-US Privacy Shield.

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Regional Labour Court (Landesarbeitsgericht – LAG) grants works council access to non-anonymous lists of salaries

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The LAG of the federal state of Saxony-Anhalt has provided clarity when it comes to the scope of the works council’s right of inspection (court order of 18 Dec 2018 – ref. number 4 TaBV 19/17). The works council receives access to salary lists in which the employees are listed transparently and not anonymised. This is the only way for the works council to fulfil its monitoring obligations according to Sec. 80 Para. 2 Sentence 2 German Works Constitution Act (Betriebsverfassungsgesetz – BetrVG) and check whether the employer pays salaries in accordance with the collective agreement and in a gender-neutral manner.

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ECJ: Obligation to introduce time recording systems – The end of the era of working time based on trust?

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In case C-55/18, on 14 May 2019 the European Court of Justice (ECJ) ruled in a eagerly awaited ruling that Member States must oblige employers to set up a system to measure the daily working time of employees. The ECJ makes it clear that the Member States have some leeway in implementing this: They can determine independently the concrete modalities for the implementation of a time recording system and thereby take into account the particularities of the respective field of activity or characteristics, even the size of certain enterprises.

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Practical Information on Holiday Law

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Holidays are one of the central concerns of employee protection with which employers, HR specialists and labour lawyers deal with in their daily practice. The case law of the German Federal Labour Court (Bundesarbeitsgericht – BAG) has meanwhile answered many questions of detail with regard to the employee’s holiday claim. But also the European Court of Justice (ECJ) regularly intervenes and has turned established legal principles upside down in several cases. This blog post is therefore intended to provide a brief outline of various relevant topics relating to holiday law, which in the recent past have been significantly influenced by case law.

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Data traffic with Great Britain – what to do when the hard Brexit comes?

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The European Data Protection Board (EDPB) is now increasing the pressure on companies. Great Britain and the EU are still struggling for an exit regulation to the forthcoming Brexit. The British House of Commons has spoken out against a no-deal Brexit. However, it is becoming more and more unlikely that an agreement can be reached in the few remaining weeks.

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