Blog on labour law
by Asma Hussain-Hämäläinen, LL.M., University of Georgia, USA
Asma Hussain-Hämäläinen, LL.M.
(University of Georgia)
Rechtsanwältin
Fachanwältin für Arbeitsrecht
Hauptsitz Frankfurt
Alfred-Herrhausen-Allee 3–5
65760 Eschborn
Telefon +49 6196-58655-602
Fax +49 6196-58655-500
info@hussainlegal.com
Zweigstelle München
Landsberger Str. 155
80687 München
Telefon: 089 – 54 55 82 33
Fax: 089 – 54 55 82 35
info@hussainlegal.com
Pay Transparency Act (Entgelttransparenzgesetz)
/by Asma Hussain-Hämäläinen1. A claim for equal pay can be based on the fact that a single comparable person of the opposite sex, performing the same or equivalent work, receives higher pay (comparison between pairs). This applies regardless of the size of the group of comparable persons of the opposite sex. (Paragraph 23) (Federal Labor Court, Judgment […]
Two days worked, a severance payment of three months‘ salary received
/by Asma Hussain-HämäläinenIn a case at the Hessian State Labor Court, I successfully represented a client for whom I achieved this fantastic result. The background: My client signed an employment contract in 2021, became pregnant before starting work, and got a prohibition of activity (Tätigkeitsverbot). She went directly into parental leave. She didn’t return to work until […]
Which notice periods apply to managing directors?
/by Asma Hussain-HämäläinenWhen managing directors are dismissed, many important legal questions arise. These begin with the question in which court to file a lawsuit against the dismissal and which notice periods apply. On November 5, 2024 (II ZR 35/23), the Federal Court of Justice (BGH) ruled that Section 622 of the German Civil Code (BGB) continues to […]
International temporary employment – we sued for over one million euros!
/by Asma Hussain-HämäläinenIn a case involving international temporary employment (Arbeitnehmerüberlassung), we sued the leasing employer (Entleiher) in the USA, together with the user company (Entleiher) in Germany, for payment of salary and allowances totaling more than 1.3 million euros. The case is currently being heard at the Wiesbaden Labor Court. The background to this is the temporary […]
Conflict at work place – who gets transferred?
/by Asma Hussain-HämäläinenI repeatedly represent clients (who are accused of sexual harassment or other forms of bullying/discrimination in their employment relationship) or clients who are defending themselves against this harassment. The question of how employers respond to allegations of bullying or discrimination is always fascinating. Sometimes they transfer the allegedly bullying employee, which is understandable. But it […]
Payroll statements may also be provided digitally – new ruling by the Federal Labor Court
/by Asma Hussain-HämäläinenThe ruling of the Federal Labor Court (BAG) of January 28, 2025 (case no. 9 AZR 48/24) addresses the admissibility of digital payroll statements. The court ruled that employers may also provide payroll statements exclusively in electronic form, as long as they meet the legal requirements. These include: • Permanent availability: The statements must be […]
Attorney Hussain-Hämäläinen, LL.M. wins three preliminary injunction cases
/by Asma Hussain-HämäläinenObtaining injunctions is difficult. In contrast to normal court proceedings (main proceedings), you not only have to prove that you are entitled to a certain claim (e.g. for payment, for an injunction, for revocation, for employment with certain tasks, etc.), but you also have to prove the particular urgency. Because these urgent proceedings are practically […]
Attorney at law Asma Hussain-Hämäläinen, LL.M. receives seal of approval from the Bar Association and advanced training certificate from the Federal Bar Association
/by Asma Hussain-HämäläinenAfter having received the two above-mentioned certificates for six years in a row now, I received the seal of approval from the Frankfurt am Main Bar Association again. I’m very happy about it! Only lawyers who have continuously trained or published in their area of law for over three years receive this seal of approval. […]
Attorney at law Hussain-Hämäläinen successful at the Hessian State Labor Court
/by Asma Hussain-HämäläinenI achieved great success for my client in a conciliation procedure (Güterichterverhandlung) at the Hessian State Labor Court. The employer had made various reputation-damaging accusations against my client and had transferred her to other locations several times within a short period of time. My client definitely wanted to keep her job. This is very well […]
Attorney-at-law Hussain-Hämäläinen, LL.M. wins case against large American infrastructure company
/by Asma Hussain-HämäläinenI represent several employees in dismissal protection proceedings against the German subsidiary of a well-known American infrastructure group. On November 7th, 2024 there was a first judgment from the Wiesbaden Labor Court, Ref.: 5 Ca 512 / 23. The client I represented won his dismissal protection lawsuit! The court also awarded him a late acceptance […]