The Committee on Employment and Social Affairs of the European Parliament recently published a draft report on digitalisation, AI and algorithmic management in the workplace. It makes a number of recommendations including for a directive specifically regulating ‘algorithmic management’ in the workplace with protections extending to self-employed individuals in addition to workers. There are a number of steps in the EU legislative process before these proposals could become legally binding. Given their significance, including the broad definition of ‘algorithmic management’, impacted organisations should nevertheless monitor if and how they develop.

Although things seemed to be going badly for a while and a deal looked unlikely, the EU Parliament and the Council of the EU have finally reached an agreement on the proposed Platform Workers Directive (the “Directive”). This time, it looks likely to progress to adoption and, ultimately, implementation across the EU member states. 

The Directive aims to improve the working conditions of individuals performing work for a digital labor platform.

Welcome to the next edition of our quarterly HR Privacy newsletter designed to keep you updated with key cases, legal developments, trends and news relating to employment / HR data privacy matters, which is brought to you by the Baker McKenzie EMEA Employment and Compensation practice group.
This edition explores high-profile case-law decisions and new consultations and guidance in the UK, Germany, Netherlands and Spain markets.

The German Whistleblower Protection Act was (finally) passed on 12 May 2023, after several attempts, following final amendments proposed by the Mediation Committee on 9 May 2023, which have now been accepted by the Federal Parliament (Bundestag) and the Federal Council (Bundesrat). The long overdue law serves to implement the European Whistleblower Directive (Directive (EU) 2019/1937), which actually provided for an implementation deadline of December 2021. The law will now come into force in mid-June 2023.

On 18 April 2023, the Federal Ministry of Labor and Social Affairs published the much anticipated draft bill on the exact requirements of how to meet the duty to record working time. The Draft Bill was published against the backdrop of a ruling by the Federal Labor Court in September 2022. Germany’s highest labor court ruled that employers — regardless of the size of the company and the existence of a works council — must record the working hours of their employees (Ref.: 1 ABR 22/21).

The German Bundestag passed the German Whistleblower Protection Act on 16 December 2022. After initially not being expected to be passed this year, the bill did make it onto the agenda of the last session day of the year at short notice and was passed in a version amended by the Legal Affairs Committee (Rechtsausschuss) with the coalition’s majority. The next step is for the Bundesrat to approve the bill. However, this is not expected until the first plenary session in February 2023 at the earliest.

A new decision by the Federal Labour Court (BAG) includes an important change in the law: On 13 September 2022, Germany’s highest labor court ruled that employers – regardless of the size of the company and the existence of a works council – must record the working hours of their employees.

In our virtual sessions, we would like to address the most important announcements and current developments in employment law as well as give you an overview of the coalition’s plans in Germany. Please note that this event will be held in German only.

The Federal Ministry of Labor and Social Affairs (BMAS) has already published general regulations for infection protection in April 2020 as part of the SARS-CoV-2 Occupational Safety and Health Standard. Following some criticism, the working committees of the Federal Ministry of Labor and Social Affairs have now specified the requirements for occupational health and safety and, together with the Federal Institute for Occupational Safety and Health (BAuA), published the SARS-CoV-2 Occupational Health and Safety Regulation on August 10, 2020.

The Federal Ministry of Labor and Social Affairs (BMAS) has already published general regulations for infection protection in April 2020 as part of the SARS-CoV-2 Occupational Safety and Health Standard. Following some criticism, the working committees of the Federal Ministry of Labor and Social Affairs have now specified the requirements for occupational health and safety and, together with the Federal Institute for Occupational Safety and Health (BAuA), published the SARS-CoV-2 Occupational Health and Safety Regulation on August 10, 2020.