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ACCONSIS is a holistic consulting company based in Munich.
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as well as in business and financing consulting set the decisive
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News at a glance

Bureaucratic monster for employers? Employment contracts must comply with stricter requirements as of 1 August

Evidence Act: Employment contracts must be put to the test with regard to mandatory transparent working conditions

From 1 August 2022, the amended regulations of the Verification Act will apply. The background to this is the EU Directive 2019/1152 (Working Conditions Directive), which comes into force on 31 July 2019.

For employers, this means that they have to check their employment contracts to see whether they still comply with the new regulations. Unfortunately, the legislator has left many questions unanswered in the implementation of the directive, which is why we receive a large number of enquiries in this regard. For this reason, we briefly present the current state of affairs.

What has changed?

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Inheriting debts: what you can do to prevent this from happening!

An inheritance – despite all the personal tragedy – is often a financial blessing for the heirs. Never before has so much wealth been inherited in Germany as at present. However, there is also the other case: the testator or the testatrix – e.g. one’s own parents or spouse – had nothing but a mountain of debt.

What happens then? Does one automatically remain “stuck” with the debts and may be liable with one’s entire private assets, e.g. for the inherited debts of one’s parents or deceased spouse? Or is there something you can do about it?

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Tastatur mit "Overtime"-Taste

Current BAG ruling on overtime: Burden of proof not on the employer!

Overtime and its compensation are often the cause of disputes between employees and employers. This is especially true when overtime is still “on the books” after a dismissal and ex-employees want to be paid for this overtime.

But who has to prove whether overtime was actually worked? So far, it has been the employee.

And that has not changed even after the time clock ruling of the Court of Justice of the European Union (ECJ), the Federal Labour Court ruled (BAG, Verdict v. 04. 05. 2022, Az.: 5 AZR 359/21).

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Secretly recording a conversation at the workplace: Can employees be dismissed (without notice)?

Discussions between employers or supervisors and employees are often delicate. If conflicts are smouldering or have already erupted in the working relationship, they can become very verbal.

It is not uncommon for employees to reach for their smartphones and secretly record conversations with their employers or superiors that are supposed to be confidential. Why? For example, to collect “evidence” of misconduct by the employer for proceedings before the labour court. 

A reason to dismiss employees without notice – or not? It depends, as a recent ruling on this issue shows.

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