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Heuking Kühn Lüer Wojtek  

Legal Services | Germany

tel: +49 211 600 55 105 | fax: +49 211 600 55 100
Georg-Glock-Strasse 4 | Duesseldorf | D - 40474 | Germany

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Isabel Langenbach

Isabel LangenbachSalaried Partner

  • Public Law
  • Public Private Partnerships

Christopher Goertz

Christopher GoertzSalaried Partner

  • Banking Supervision Law
  • Capital Market Law

Patrick Mueller, LL.M. (Bristol)

Patrick Mueller, LL.M. (Bristol)Salaried Partner

  • Commercial Law
  • Corporate Law

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German Insolvency Law: COVID-19-Suspension of Duty to File for Insolvency Ended on 30 September 2020 for Illiquid Companies
Heuking Kühn Lüer Wojtek, October 2020

Over-indebted companies still exempted from filing duty until 31 December 2020COVID-19-affected companies to benefit from easier access to protective shield proceedings and preventive restructuring schemes/ regimes as from 1 January 2021 Two German legislative initiatives taken in September 2020 will have an immediate impact on the options available to restructure a business under German law: DUTY TO FILE FOR INSOLVENCY RE-INSTATED FOR ILLIQUID COMPANIES AS OF 1 OCTOBER 2020; SUSPENSION OF FILING-DUTY EXTENDED UNTIL 31 DECEMBER 2020 FOR OVER-INDEBTED COMPANIES First, effective as of 1 October 2020, COVID-19 emergency legislation of 27 March 2020 has been modified: The German

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Employees Duties of Conduct in the Privacy in Times of Corona
Heuking Kühn Lüer Wojtek, September 2020

Since the beginning of the COVID-19 pandemic, the media has repeatedly reported about terminations by the employer, which are based on the fact that employees did not adhere to corona measures during their leisure time, for example because they took part in large anti-corona demonstrations and disregarded the distance rule or were associated with anti-constitutional ideas. After becoming aware of such circumstances, employers are faced with the question of how they can react in accordance with labor law in order not only to protect the other employees, but in extreme cases even to maintain business operations...

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Returning from Home Office - What Employers Have to Consider
Heuking Kühn Lüer Wojtek, August 2020

When the corona pandemic broke out, many employers allowed their employees to work in home office or even forced them to do so. In the meantime, many uncertainties have been clarified and the desire for normality is increasing among both employers and employees. Therefore, in the following, we will describe what employers must take into account when employees return from home office. 1...

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Entitlement of the Employee to Postpone the Already Approved Holiday in Corona Times
Heuking Kühn Lüer Wojtek, August 2020

The summer holidays have already begun in most of the federal states or are about to begin. Due to the Corona pandemic, most holiday plans could not be realized during the Easter holidays. Although the travel warnings for most countries in the EU were lifted in time for the summer holidays, it is still not possible to enjoy "normal" holidays this year. As a result, employees approach their employers with the desire to take back - at least partially – their approved leave, in order to save it for later. This is often not in the employer's interest. Apart from his obligation to grant leave in the holiday year, the need for employment is regularly lower during the summer months...

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New Hires Despite Short-Time Work?
Heuking Kühn Lüer Wojtek, August 2020

Due to the Corona pandemic and the associated economic effects, numerous companies were forced to announce short-time work over the past few months. This raises the question for employers to what extent it is still possible to hire during short-time work and what effects this has on short-time working compensation. NEW HIRES DURING SHORT-TIME WORK First of all, a distinction must be made between new hires before and after the introduction of short-time work. The decisive factor here is not so much when the work commenced, but when the employment relationship was concluded...

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