Germany: Employee Rights/ Labour Relations

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Mistakes In Works Council Consultation Prior To Termination: Serious Consequences, But Avoidable
Employers in Germany must navigate complex employment law requirements when terminating employees, but even meticulous legal preparation can be undermined by improper works council consultation. A single misstep in the consultation process renders the termination invalid, making it essential for employers to understand and avoid common pitfalls in works council engagement.
Germany Employment
LM
Littler Mendelson
Article
Part VI: Internal Investigations: Role And Rights Of Employee Representatives
German works councils hold binding co-determination rights over monitoring systems, staff questionnaires, and personnel measures in internal investigations. This guide maps the statutory triggers under the Works Constitution Act, explains when system-level consent differs from case-level information duties, and shows how to balance speed and confidentiality with mandatory consultation—without automatically losing evidence in court.
Germany Employment
MB
Mayer Brown
Article
German Government Seeks To End ‘circumvention’ Of Co-determination Through Shelf SE
The German Federal Government has announced plans to restrict co-determination arrangements through European Companies (SE) established without employees, potentially ending the use of 'Shelf SEs' to circumvent German co-determination law. While no draft bill or specific implementation provisions have been announced, companies currently planning or preparing SE structures should closely monitor developments and examine their available options.
Germany Commercial
PL
PwC Legal Germany
Article
Update On Employee Participation In Management: No Cross-Counting Of Employees Of A Joint Enterprise For The Threshold Under The One-Third Participation Act, Federal Court Of Justice 06/2026
The Federal Court of Justice has issued a landmark ruling clarifying whether employees of joint ventures can be counted toward the 500-employee threshold required for mandatory employee representation on supervisory boards under Germany's One-Third Participation Act. This decision resolves a long-standing controversy in corporate co-determination law with significant implications for how companies structure their corporate groups and joint ventures.
Germany Commercial
PL
PwC Legal Germany
Article
German Employment Law In Transition: Coalition Committee Agrees On Noteworthy Reforms
The German Coalition Committee has proposed sweeping employment law reforms that could fundamentally alter how companies manage their workforce, from introducing new termination options for high earners to expanding fixed-term employment flexibility. These changes, part of a comprehensive "Program for Growth and Employment," would impact everything from dismissal procedures and severance payments to sick leave documentation and working time regulations. Employers should closely monitor these developments as
Germany Employment
LM
Littler Mendelson
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