Welcome to the sixth edition of Frontline Germany, a quarterly newsletter prepared by our team of employment law experts in Germany. Each edition will provide you with a round-up of the most recent legal developments, upcoming changes, and practical tips to help you stay out of HR-hot water.
This edition features:
- changes in Germany employment and immigration law in 2020;
- details on German Federal Labour Court confirmation that employers may claim repayment in cases of false self employment declarations by freelancers
- details on a Munich regional labour court decision on crowdworkers and their employment status
- a look at how Managing Directors may be considered as employees within the German General Equal Treatment Act ("AGG").
A look at a number of changes, including on minimum wage increases; new social contribution thresholds; new salary threshold for Blue Card Applications; the Immigration of Experts Act comes into force; Data Protection officer changes; amendments to the Working Time Act in terms of the obligation to document working time; and information on the digital certificate of incapacity for work.
A freelancer will usually receive a higher amount of compensation compared to an employee carrying out the same tasks. The German Federal Labour Court has now confirmed an employer's claim for repayment of such overpaid amounts, where a supposed freelancer relationship ultimately turned out to be an employment relationship.