In the second half of this year there are once again going to be important labour law reforms that will keep HR departments on their toes. The Act on the Implementation of the EU Working Conditions Directive [Gesetz zur Umsetzung der EU-Arbeitsbedingungenrichtlinie] is due to come into force on 1 August 2022 and includes numerous amendments to the Act on Proof of Working Conditions Governing an Employment Relationship [Nachweisgesetz, NachwG] and the Act on Part-Time and Fixed-Term Employment [Teilzeit- und Befristungsgesetz, TzBfG]. Furthermore, the Act on Increasing the Protection provided by the Statutory Minimum Wage and on Changes in the Area of Marginal Employment [Gesetz zur Erhöhung des Schutzes durch den gesetzlichen Mindestlohn und zu Änderungen im Bereich der geringfügigen Beschäftigung] is anticipated to enter into force on 1 October 2022. Both reforms will cause enormous changes in the area of HR contract management.

We have summarised the most important innovations for you in this Focus on Labour Law. We also report on a multitude of other important decisions of the labour courts of relevance to company HR work.

1. New case law

1.1 Beware of holiday (remuneration) claims!

ECJ Advocate General De la Tour has published his proposed decision of 5 May 2022 (case C-120/21) on the question of the statute of limitations for holiday (remuneration) claims. If his opinion is followed, claims to annual holiday and thus also the claim to remuneration in lieu of holiday...

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