Foto: iStock.com / anyaberkut

    Damages and compensation in case of data protection violations

    Employers face far-reaching sanctions for data protection violations under the General Data Protection Regulation (GDPR). On the one hand, the competent data protection authority can impose a fine of up to EUR 20 million or 4% of the company's total annual turnover worldwide. In addition to this sanction, employees can also claim damages and compensation against the employer (Art. 82 GDPR). This is increasingly occupying the German labor courts.

    [...]

    | Tags: Data protection Law, Labor law


    Foto: iStock.com / doble-d

    Case Law Update: No continuation of pay during lockdown closure

    Both last year and this spring, Germany was in lockdown. A large number of businesses, especially retail stores, restaurants and hotels, were therefore forced to close for extended periods. Many employers sent their employees into short-time work and the employees received short-time allowance. In some cases, however, it was not possible to order short-time work or to receive short-time allowance (e.g. in the case of marginally employed workers). In these cases, the question arose whether the already financially strapped employers had to continue to pay their employees. The Federal Labor Court has now issued a pleasing ruling for employers.

    [...]

    | Tags: Labor law


    Foto: iStock.com / Imagesines

    Case Law Update: Reasonable doubts about a sick note after notice of termination

    In practice, employees often take sick leave immediately after receiving notice of termination and submit a certificate of incapacity for work (sick note). It is not uncommon for them to be on sick leave until the end of the notice period and the employer is obliged to continue to pay remuneration until the termination date without receiving any work performance. Under certain circumstances, outstanding vacation must then be compensated.

    [...]

    | Tags: Labor law