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If a company wishes to place its trade secrets under the protection of the Trade Secrets Act (GeschGehG), it must take appropriate measures to protect those secrets. The higher the value of the trade secret, the more effective the protective measures must be. This was decided by the Baden-Württemberg Regional Labor Court in its ruling...

Digital platform work involving delivery drivers does not automatically mean that a separate works council can be elected in every delivery area: The Federal Labor Court clarifies the requirements for organizational units eligible for a works council in app-based work models (BAG January 28, 2026 – 7 ABR 23/24). Facts of the case The ruling...

Construction workers who are employed on construction sites to perform simple tasks, receive an hourly wage, and do not appear to be entrepreneurs on the market are generally classified as dependent employees. This was decided by the Hesse Regional Social Court (LSG). Facts of the case In its ruling of February 20, 2025 (L 8...

Employers may not restrict voluntary wage increases across the board to employees with new contract templates. If no valid objective reasons for unequal treatment can be given, employees with old contracts are also entitled to the pay increase. This was clarified by the Federal Labor Court in a recent ruling (judgment of November 26, 2025...

The German implementation of the Mass Redundancy Directive (EU) is also in line with European law with regard to its consequences for the legal validity of employer terminations! In two judgments handed down on October 30, 2025, the European Court of Justice (ECJ) answered key questions on mass redundancy notifications, thereby providing important clarifications that...

Unlike the former registered mail with peel-off label, the new digital registered mail is no longer suitable as prima facie evidence. This is the result of a decision by the Hamburg Regional Labor Court (July 14, 2025 – 4 SLa 26/24). Facts The Hamburg Regional Labor Court had to rule on the validity of a...

The unlawful and almost complete video surveillance of an employee at work over a period of 22 months has resulted in the employer being ordered to pay damages of €15,000. In the absence of any legal justification, the intensive video surveillance constituted a serious infringement of the employee’s personal rights. This was decided by the...

If a clause triggers the reimbursement of training costs when the employment relationship is terminated “at the request” of the employee, this means the indiscriminate termination of the employment relationship by the employee giving notice. With this content, the clause is unreasonably disadvantageous within the meaning of Section 307 (1) sentence 1 of the German...

The question of whether external applicants who were not previously employed by the employer and have already reached the standard retirement age may be rejected on the basis of their age was recently decided by the Federal Labor Court (BAG) (judgment of May 8, 2025 – 8 AZR 299/24). The BAG concluded that although age...

A probationary period that corresponds to the entire duration of the fixed-term employment relationship is generally inadmissible. However, if a termination option has been agreed in addition to the probationary period, the invalidity of the probationary period provision does not affect the possibility of ordinary termination. This was clarified by the Federal Labor Courtin its...