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FAQ on short-time working

The following explanations are of course neither to be understood as conclusive nor as generally valid. In particular, a different assessment may be required on the basis of the applicable employment contract, company and collective bargaining regulations as well as personal, company and other circumstances.

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Working from home – keep control of data and know-how!

Enabling home office quickly during the corona epidemic is right and necessary. However, the issues and risks associated with the establishment or arrangement of remote working must be kept in mind. Necessary measures to be taken include ensuring compliance with data protection regulations, guaranteeing the confidentiality of know-how and business secrets, as well as IT security. Codetermination of the works council might also be required in some cases. Once working from home has been set up technically and physically, and thus the ability to work is guaranteed, you should not fail to follow up with the legal framework.

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Federal Labour Court (Bundesarbeitsgericht – BAG): Unfounded fixed term after 22 years of pre-employment is admissible

As expected, in a recent ruling (dated 21.08.2019 – 7 AZR 452/17) the BAG allowed an exception to the prohibition of an unfounded fixed term after pre-employment, if there is a very long period between the previous termination and the restart of the employment relationship (in this case 22 years).

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