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German Labor Law

Business in GermanyGerman Labor LawGerman Law

Termination of Employees during Parental Leave in Germany

Can an Employee in Germany be let off while in parental leave? German labour law is very protective of employees. Every business with more than 10 full time employees on the payroll must be aware of the specific German employee protention rules (Kündigungsschutzgesetz). For details see this post: https://www.crosschannellawyers.co.uk/german-labor-law-the-basics-of-employee-protection-against-dismissal/   Special protection of employees during parental leave Regardless of the number of employees, there are additional special German laws protecting all parents who are on…
Bernhard Schmeilzl
November 17, 2023
Business in GermanyCivil actionGerman Corporate LawGerman Labor LawGerman LawGerman ProbateGerman Succession & Inheritance Law

Less Cricket. More Baseball!

GrafLegal creates US-German Legal Desk Too much cricket, not enough baseball! That's essentially what our marketing people told us after finding that 65% of all posts on our various law blogs deal with UK-German legal issues, only 35% with USA related topics. We may just have gone a bit too much Downton Abbey on everyone. Enough of that, let's balance the scales! The German law firm for US-German legal matters To start off our US…
Bernhard Schmeilzl
March 29, 2022
Business in GermanyGerman Labor LawGerman Law

Relocate from UK to Germany

Thousands of German and Austrian Expats leave Great Britain and move back to Europe How do we know this? Because the enquiries from German and Austrian companies asking us about how to quickly relocate their employees from the United Kingdom back to Germany have skyrocketed. The two main reasons for the exodus are: (1) German and Austrian expats in England feel unwanted and do no longer see a good future for themselves and their family…
Bernhard Schmeilzl
December 10, 2018
Family LawGerman Labor LawGerman LawStarting Business

What is a “polizeiliches Führungszeugnis”?

And when do you need it? The German “polizeiliches Führungszeugnis” is the equivalent of the British “enhanced criminal record certificate” as defined in sec. 115 Police Act 1997, sometimes also referred to as “certificate of conduct”, “good-conduct certificate” or “police clearance certificate”. The Führungszeugnis is an official document issued on special green paper by the German Bundesamt für Justiz (Federal Office of Justice) in Bonn. It lists criminal offences above a certain threshold, usually if someone…
Bernhard Schmeilzl
September 25, 2018
German Labor LawGerman Law

Post-Contractual Non-Compete Clauses in German Employment Agreements

... and how to get rid of them Many employers want to prevent their employees to work for competitors when the employment ends. Under German labor law, this can be achieved by putting a post-contractual non-compete clause (nachvertragliches Wettbewerbsverbot) in the employment contract. The typical standard wording for such a non compete clause would be this: The Employee shall not, for a period of 24 months following the end of the employment and within the…
Bernhard Schmeilzl
March 21, 2018
Business in GermanyGerman Corporate LawGerman Labor LawGerman Law

Pitfalls of German Contract Law and German Company Regulations (Part 1)

Foreign Contract Lawyers beware of surprising German Laws and Directives! The German Civil Code (Bürgerliches Gesetzbuch, BGB, available in English), the German Commercial Code (Handelsgesetzbuch, HGB, partly available in English), the German Act on Corporations (Aktiengesetz, AktG) and the Act on Limited Liability Companies (GmbHG, available in English) are all full of surprising regulations which can essentially void any agreement or deed drafted by a naive (in the nicest sense) British or US lawyer who…
Bernhard Schmeilzl
February 20, 2017
Business in GermanyBusiness Tax & Fiscal ObligationsFamily LawGerman Corporate LawGerman Labor LawGerman LawGerman Probate

English Desk at German Law Firm Graf Partners LLP

The Munich and Regensburg based German law firm Graf & Partners LLP, established in 2003, specialises in providing professional legal services to English speaking clients, both business and private. Our British-German specialist teams of lawyers and linguists advise on all legal and tax issues connected to Germany and European Union law, from business, corporate and labour to international probate, family law and property. The English Desk in our Munich office is headed by dual qualified…
Bernhard Schmeilzl
August 3, 2016
Civil actionGerman Corporate LawGerman Labor LawGerman LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawGerman Tort LawLitigation in Germany

Expert Reports on German Law

As a full service German and English law firm, established in 2003, and the editors of the expert blog on German civil procedure rules we are often asked to provide English Law Firms with an expert report based on issues of German Law. Bernhard Schmeilzl, a bilingual Lawyer who qualified in 2001 (admitted to the Munich Bar) and is able to provide expert reports to be used in English litigation and arbitration cases based on…
Bernhard Schmeilzl
June 2, 2016
Business in GermanyGerman Labor LawGerman Law

Notices of Termination under German Law

How to fire an Employee in Germany Under German Law, the requirements, both in relation to the form as well as length of the notice period needed in order to terminate a contract for the performance of a continuing obligation (Dauerschuldvertrag), can vary significantly, depending on the type of contract that is in question. Employment contracts (Arbeitsverträge), Service Contracts (Dienstverträge) and Contracts for the production of a piece of work (Werkverträge) can be terminated without…
Bernhard Schmeilzl
March 21, 2016
Business in GermanyBusiness Tax & Fiscal ObligationsGerman Corporate LawGerman Labor LawGerman Tax LawStarting BusinessStarting or Expanding Business

When starting a Business in Germany: Don’t Forget the Trade Register Notification (Gewerbeanmeldung)

Your new German company is finally registered? Gratulations! But you are far from being done. Under German law (see section 14 Gewerbeordnung, i.e. German Trade Regulation), the commencement of a business activity must be notified in writing (Gewerbeanmeldung) to the local Ordnungsamt (Trades Office), which is a department of the municipal government, for example the city of Munich. This notification obligation also applies to any change in the business (e.g. move, modification to the nature…
Bernhard Schmeilzl
October 31, 2014