In modern employment practice, the question of who falls under the
jurisdiction of German labor law (employees, freelancers,
employers, works councils, labor unions, representatives for the
disabled, employer's associations, etc.) is an increasingly salient
issue faced by foreign firms and firm owners, human resource, tax,
and legal departments, as well as investors and foreign employees.
Specifically, many firms have questions concerning the application
of German law for establishing, managing, and terminating
employment contracts with foreign or German workers within Germany.
In this connection, issues frequently arise concerning foreign
assignment, residency, and visa law, and an extremely wide range of
legal provisions must be taken into account, including the AGG
(General Non-Discrimination Act), BetrVG (German Employees
Representation Act), Tarifrecht (Collective Bargaining Law), BUrlG
(German Federal Leave Act), TzBfG (Part-Time Work and Fixed-Term
Employment Act), AUEG (Employee Transfer Act), BDSG (German Federal
Data Protection Act), KSchG (German Protection Against Dismissal
Act), EntgeltfortzahlungsG (Continued Remuneration Act), GewO
(German Industrial Code), and MutterschutzG (Maternity Protection
Act). Beyond this, secondary questions related to income tax law,
international taxation, and social security law may arise. Against
this complex backdrop, the present work intends to answer questions
most frequently asked by foreigners when dealing with German
employment law.
General
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