Bettina Holzberger
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Bettina Holzberger focuses her practice on labor and employment law. Her practice covers cross-border transaction work as well as traditional labor and employment matters. In the area of labor and employment law, she advises clients, inter alia, on the drafting of a broad range of contracts (including traditional employment contracts as well as bonus plans, service agreements for directors and officers, and termination and assignment agreements for employees as well as executives), often in an international context that requires coordinating the advice of foreign counsel. Read Bettina Holzberger's full bio.
German Employment Law Update: Higher Labour Court Düsseldorf Finds Belated Right to Object to Employment Transfer
By Bettina Holzberger and Dr. Sandra Urban-Crell on Feb 18, 2016
Posted In Employment
The Higher Labour Court in Düsseldorf ruled on October 14, 2015, that even after the statutory one-month objection period in Section 613a(6) of the German Civil Code has expired, employees may object to the transfer of their employment based on an incomplete or inaccurate mandatory notification letter if it was reasonable for them to assume...
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Germany Enacts Law on Mandatory Quota for Women in Business
By Bettina Holzberger and Dr. Sandra Urban-Crell on Sep 22, 2015
Posted In Employment, Labor
On 6 March 2015, the German Bundestag passes a law (the Frauenquote) that aims to ensure the equal participation of women and men in the management of business and public office. The Frauenquote entered into force on 1 May 2015. The new regulation, although commonly referred to as a “women’s quota” is legally constructed to ensure that both genders...
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Ruling of First Impression: Employees Working Abroad Do Matter for Thresholds of Corporate Co-determination in Germany
By Bettina Holzberger and Dr. Sandra Urban-Crell on Jun 26, 2015
Posted In Employment, Labor
In a February 16, 2015, decision from the Regional Court of Frankfurt a. M. (ref.: 3-16 O 1/14), the court determined that employees working outside of Germany have to be taken into account when determining whether or not the statutory thresholds that trigger corporate co-determination in Germany are met. In this case, a new shareholder...
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German Parliament Enacts Law on Mandatory Quota for Women’s Representation in Businesses
By Bettina Holzberger and Dr. Sandra Urban-Crell on Apr 2, 2015
Posted In Employment, Labor
On March 6, 2015, the German Bundestag passed a law, the so-called “women’s quota” (Frauenquote), which ensures the equal participation of women and men in the management of businesses as well as of public offices. The Political Context According to the German government, women are still heavily underrepresented in leading positions. There is no socio-political...
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German Employment Update – Obesity May Qualify as Severe Disability
By Bettina Holzberger on Mar 3, 2015
Posted In Employment
European employers should exercise caution in the event of the dismissal of an obese employee. The European Court of Justice (ECJ) determined that obesity may qualify as severe disability if it significantly restricts participation in working life (ECJ, judgment of December 18, 2014 in Case C-354/13). This decision may be relevant not only for dismissals...
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Are No Hiring and No Poaching Agreements Enforceable in Germany?
By Bettina Holzberger on Dec 17, 2014
Posted In Employment
No poaching agreements between leading companies in the IT sector have recently caused a substantial scandal in Silicon Valley, California, resulting in tech industry businesses settling a major lawsuit by paying a reported US$324 million. Such agreements can be found all over the world; but are they enforceable in Germany? Read the full article.
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