Employers across Germany face a maze of new judicial constraints after several spring 2026 rulings. The most consequential decision came on 18 June from the Federal Labour Court (BAG), which declared that the special dismissal-protection period under Section 18 of the Federal Parental Allowance Act (BEEG) restarts before each separate block of parental leave – even if the employee has already announced all the blocks in a single application.
The practical consequence is significant: the eight-week protection window begins anew eight weeks prior to each individual leave segment. A dismissal served inside that window is automatically void. The rule applies irrespective of whether the employee is still in a probationary period. For companies planning personnel moves, meticulously checking the start dates of every parental-leave tranche has become mandatory.
Separately, the Thuringian Labour Court (LAG) struck down a common workplace practice in March 2026. An employer’s blanket rule that limited consecutive vacation to a maximum of two weeks was deemed unlawful. In the specific case, a female worker obtained a temporary injunction granting her three weeks off. The court made clear that only urgent operational needs or the legitimate interests of other employees justify refusing a longer holiday stretch.
Form defects continue to sink otherwise justified dismissals. The BAG reaffirmed early this year that errors in a mass‑dismissal notification to the authorities permanently invalidate all related termination notices. A missed step in the consultation process cannot be fixed retroactively. Additionally, the Arnsberg Labour Court ruled in March that an employer who waited too long after learning of misconduct could not rely on the two‑week deadline under Section 626(2) of the Civil Code (BGB) for an extraordinary dismissal. The court noted that the employer had neither issued a prior warning nor moved quickly enough after the allegations of poaching employees surfaced.
On the question of vacation‑time reachability, the BAG offered a nuanced answer at the end of 2025. There is no absolute ban on employer contact; for instance, if a suspicion‑based hearing is needed before a dismissal, the employer must attempt to reach the worker, or the termination may become invalid due to a missed deadline. Across the border in Luxembourg, new “right to disconnect” rules take effect on 4 July 2026. Companies there will have to show specific compliance measures, and violations can bring fines of up to €25,000.
Where an employer wrongfully refuses to accept the employee’s work (Annahmeverzug), the full salary remains payable without the employee having to make up the hours later – the business risk lies entirely with the employer, as per Section 615 BGB. The European Court of Justice added in October 2025 that employer‑organised group transport to the worksite counts as fully paid working time. This directly affects the minimum wage, which has stood at €13.90 since 1 January 2026.
Professional football presents an exception: the Düsseldorf Labour Court ruled on 23 June 2026 that game‑appearance bonuses for soccer players are only due if the player actually took the field. A flat‑rate payment without participation does not exist.
