Employment law in Germany: reform plans and new case law

German employment law is currently developing on two levels. On the one hand, in several decisions issued in summer 2026, the Bundesarbeitsgericht (BAG), Germany’s federal labour court, directly changed the legal position, including on protection against dismissal and continued pay during sickness absence. On the other hand, the Federal Government has announced far-reaching reforms concerning,…

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The question of attribution in the case of dishonest solicitation of employees at companies

Can a company be held liable if his employees attempt to recruit employees of a competitor company with unfair business practices? This consideration gives rise to the following questions: What conditions must be met for an enticement of employees to be considered unfair, and what are the consequences for the managing director?

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