In today’s digital age, protecting business secrets has become increasingly complex, especially in countries with strict data protection laws like Germany. A recent ruling from the Higher Regional Court (OLG) Munich (7 U 351/23) highlights the serious legal implications for employees who forward company emails or data to their private email accounts. For foreign companies with employees in Germany, understanding these risks is crucial for safeguarding sensitive business information and preventing potential internal threats.
Category: Labour law
Sexual harassment in the context of German criminal law is primarily governed by Section 184i of the German Criminal Code (StGB). This provision addresses sexual acts that infringe on a person’s sexual autonomy but fall below the threshold of Section 177 StGB, which deals with sexual assault, sexual coercion, and rape. The intention behind introducing Section 184i was to penalize actions that are clearly sexual in nature but do not rise to the level of a serious offense like assault or coercion.
Employers in Germany have the right to take measures to verify the legitimacy of an employee’s sick leave if there are justified doubts about the reported illness. These possibilities and their legal limitations are strictly regulated and may include the involvement of medical services, private investigators, or technical surveillance methods.
In a remarkable decision, the German labor court in Heilbronn (case no. 8 Ca 191/23) dealt with the issue of age discrimination in job advertisements. The focus was on the use of the term “digital native” and its implications for older applicants.
In its ruling on January 27, 2023, the Baden-Württemberg State Labour Court had to assess a complex issue relating to the use of personal data in an employment law context. The case concerned the dismissal of an employee, with the use of data from his work smartphone playing a central role.
In its ruling of September 28, 2023 (case reference 5 Sa 15/23), the Mecklenburg-Vorpommern Regional Labour Court made important decisions regarding the reclaiming of salary due to non-performance of work in the home office and the associated burden of presentation and proof.
A decision by the Düsseldorf Regional Labor Court (LAG, 3 Sa 377/22) sheds an interesting light on the topic of whistle-blowing and the protection of trade secrets in the context of employment relationships. The case provides an opportunity to examine both the legal framework and the practical consequences for employers and employees
The Federal Labour Court (BAG) in Germany recently addressed a case focusing on the use of content from WhatsApp chat groups in employment law proceedings. The case, identified as 2 AZR 19/23, involved the permissibility of using chat transcripts from a WhatsApp group as evidence in a termination case.
According to the Federal Fiscal Court (BFH, VI R 20/20), remuneration paid by an employer to its employees for advertising by the employer on the license plate holder of the employee’s private car is remuneration for work if the “advertising rental agreement” concluded has no independent economic substance.
Before issuing a notice of termination, it is often necessary to first issue a warning. In many cases, this takes precedence over termination as the most lenient means. The State Labor Court of Mecklenburg-Western Pomerania has recently pointed this out once again (5 Sa 245/21).