The mask scandal involving Fynn Kliemann dominates social media in Germany. What the Supply Chain Due Diligence Act has to do with this and what effects the regulations will have directly and indirectly, you can read in our article below.
The German Federal Ministry of Justice recently followed up on the announcements made in the "traffic light" coalition agreement by reissuing the overdue draft of a whistleblower protection law. We answer the most important questions in connection with this draft law, which has been updated in its second version, and highlight in particular the main changes compared to the previous version - from the now stricter sanctions to new possibilities for flexibility.
The disclosure to the company public of pleadings of the opposing party from a self-initiated court case, which contain health data of other employees, entitles the employer to terminate the employment contract for cause without further notice. This also applies if the employee to be terminated is a member of the works council.
Since January 01, 2022 at the latest, employers have been subject to the statutory obligation to make contributions to deferred compensation. Genuine exceptions to this are only possible through collective bargaining agreements. The Federal Labor Court has now recently dealt with detailed questions on this subject. Time for an initial assessment.
The longstanding question of the responsibilities of employer and/or the works council under data protection law is now answered succinctly by the legislator in § 79a p. 2 BetrVG: Employers are solely responsible for task-related data processing by the works council. However, this answer does not provide clarity.
The German Federal Labor Court has specified the requirements for an effective request for information and copies pursuant to Art. 15 GDPR: According to this, unspecified information claims and the mere blanket assertion of a copy are not sufficient. The following article summarizes the most important aspects of the ruling.