Search
Contact
Microfon with a purple background
22.03.2023 | KPMG Law Insights, Podcasts

Podcast series “KPMG Law on air”: Current topics in employment law

Employer’s obligation to record working time – BAG, decision dated 13.09.2022 – 1 ABR 21/22

All employers are required to implement a system for recording working hours. This decision by the German Federal Labor Court caused quite a stir in 2022 and came as a surprise to both companies and lawyers. Dr. Stefan Middendorf and André Kock explain in the podcast how the decision came about and how it affects the world of work.

 

Excessive works council remuneration is punishable – BGH, judgment of 10.01.2023 – 6 StR 133/22

A large number of exempt works council members are paid more than they would be without the time off for voluntary work. This can now be the undoing of board members and authorized signatories. The Federal Court of Justice has ruled: Anyone who pays works council members excessive salaries may be liable to prosecution for breach of trust. Dr. Stefan Middendorf and André Kock describe in the podcast how companies should act as quickly as possible now.

 

Residual leave does not simply expire – BAG, judgments dated 20.12.2022 – 9 AZR 266/20 and 9 AZR 245/19

A tax clerk and a freight driver accumulated vacation entitlements over several years, which they then took to court. The employers invoked the statute of limitations and the forfeiture of the leave, respectively. The Federal Labor Court ruled in favor of the employees. This is because the employers should have actually enabled the employee:s to take their leave. The two legal experts reveal what this means in practice.

 

The core topics of the podcast are:

  • From minute 1:23: Ruling on the recording of working hours – details of the BAG ruling
  • From minute 3:05: Impact of the decision on the world of work
  • From minute 3:41: Requirements for a time recording system
  • From minute 5:52: What can happen if companies wait for the new law?
  • From minute 7:15: What the ruling means for trust-based working time
  • From minute 9:58: Remuneration of works councils – this is what the ruling was about
  • From minute 11:01: Why the ruling is relevant for many companies and what sanctions are threatened
  • From minute 12:18: What can and should companies do now in concrete terms?
  • From minute 14:03: What are the standards for assessing the correct level of works council compensation?
  • From minute 14:55: What did the BAG decide in the proceedings 9 AZR 266/20?
  • From minute 16:21: What were the reasons and to what extent does the previous case law change?
  • From minute 17:38: Background of the verdict
  • From minute 18:25: What was the parallel decision – 9 AZR 245/19 about?
  • From minute 19:08: What should employers do in light of the decisions?
  • From minute 20:04: Is a wave of lawsuits looming?

All “KPMG Law on air” episodes can be found here.

Explore #more

26.08.2024 | In the media

Interview with Moritz Püstow on sustainability and increasing efficiency in the construction industry

How is the construction industry equipping itself for the future, which is facing major challenges?
In an interview with Baublatt, KPMG Law expert Moritz

22.08.2024 | Press releases

Strategic alliance between KPMG Law and MHP – A Porsche Company

KPMG Law and MHP – A Porsche Company have entered into a strategic alliance.
MHP is a leading consulting firm in the field of Engineering…

21.08.2024 | In the media

Guest article in the dpn: Initial practical experience with the implementation of DORA

In times of crisis and increasing cybercrime, digital operational stability is extremely important for companies.
In future, financial companies and third-party service providers of information…

19.08.2024 | In the media

Guest article at Springer Professional: Giralgeldtoken wants to simplify financial processes in industry

The commercial banks’ cash token should be an alternative to the digital euro for industry and have the character of a deposit.
This could be…

16.08.2024 | Deal Notifications

KPMG Law advises Hagedorn on syndicated financing

KPMG Law advised the Hagedorn Group on the negotiation and closing of a financing transaction A team led by Frankfurt-based KPMG Law partner and head…

06.08.2024 | In the media

Interview with Daniel Kaut on Talent Rocket about working in M&A

Daniel Kaut is a partner at KPMG Law and has been advising on M&A transactions and corporate law for 20 years.
He also has strategic…

06.08.2024 | In the media

Guest article in Betrieb on the topic of data protection and co-determination

The introduction of artificial intelligence in companies offers numerous opportunities, but also brings with it considerable challenges.
Complex issues arise in particular at the interface…

06.08.2024 | In the media

Guest article in IT-Zoom: The path to safe and ethical AI

The June 25, 2024 issue of IT-Zoom contains a guest article by KPMG Law expert Francois Maartens Heynike and KPMG Law expert Kerstin Ohrem.…

02.08.2024 | KPMG Law Insights

AI and employment law: what the AI Act means for HR

On August 1, the EU AI Act in force.
It regulates the use of artificial intelligence within the European Union.
As a regulation, the AI…

24.07.2024 | In the media

KPMG Law recognized as a top employer in Central Germany in the magazine azur

The legal market in Hesse is clearly characterized by the legal metropolis of Frankfurt am Main.
For those seeking a career in banking and finance…

Contact

Dr. Stefan Middendorf

Partner
Duesseldorf Site Manager

Tersteegenstraße 19-23
40474 Düsseldorf

tel: +49 211 4155597316
smiddendorf@kpmg-law.com

André Kock

Manager

Fuhlentwiete 5
20355 Hamburg

tel: +49 (0)40 360994-5035
andrekock@kpmg-law.com

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll