In its ruling of February 16, 2023 (Case No.: 8 AZR 450/21), the Federal Labor Court decided that a woman is entitled to equal pay for the same work or work of equal value if the employer pays male colleagues higher pay on the basis of gender.
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At least claims to compensation for vacation become time-barred after three years
On December 20, 2022, the Federal Labor Court ruled that vacation does not expire after three years if the employer has not previously fulfilled its obligation to inform the employee about the extent and imminent expiration of remaining vacation (Case No. 9 AZR 266/20).
News on vacation law
On December 20, 2022, the Federal Labor Court ruled that vacation does not expire after three years if the employer has not previously fulfilled its obligation to inform the employee about the extent and imminent expiration of remaining vacation (Case No. 9 AZR 266/20).
News on the recording of working time
Back in September, the German Federal Labor Court (BAG) ruled that the working hours of employees must already - under current law - be generally recorded. This is not to follow from the Working Hours Act, but from Section 3 (2) No. 1 of the Occupational Health and Safety Act.
Legal protection of whistleblowers (whistleblower)
In July 2022, the German Cabinet had approved a government draft for the Whistleblower Protection Act (HinSchG). The Whistleblower Protection Act (HinSchG) is the German implementation of the EU Whistleblower Directive, which aims to establish standardized protection for whistleblowers across the EU for the first time.
Progressive digitization in 2023 vis-à-vis authorities and social insurance carriers
It is not only companies that are working more agilely internally, but also the exchange with authorities and social insurance agencies is becoming increasingly digitalized. In 2023, a number of innovations will have to be taken into account in the HR department, which will simplify processes on the one hand, but also entail risks on the other.