Dr. Sandra Urban-Crell
Subscribe to Dr. Sandra Urban-Crell's PostsDr. Sandra Urban-Crell has vast experience across the spectrum of labor and employment law, having handled everything from day-to-day practical advice tailored to her national and international clients’ operational and commercial needs, to complex multi-jurisdictional transactions from strategic planning through post-merger integration. She regularly advises on co-determination matters on the company and board levels, and on outsourcing and restructurings, including negotiations with employee representatives. Sandra is an experienced litigator and has particular knowledge of international assignments, service agreements for board members, managing directors and executive employees (including separation processes), and bonus and benefit plans. Read Dr. Sandra Urban-Crell's full bio.
German Employment Law Update | Holidays Without Borders? European Court of Justice Rules That Workers Cannot Automatically Lose Holiday Entitlement
By Dr. Gudrun Germakowski, Dr. Sandra Urban-Crell, Dr. Thomas Gennert and Volker Teigelkötter on Dec 13, 2018
Posted In Employment
On November 6, 2018 the European Court of Justice (ECJ) passed judgment on two German cases (Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Shimizu [C-684/16] and Kreuziger v Land Berlin [C-619/16]) concerning untaken paid annual leave entitlement. The ECJ ruled that accrued annual leave entitlements cannot be automatically forfeited if the worker does not place...
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German Employment Law Update: Higher Labour Court Düsseldorf Finds Belated Right to Object to Employment Transfer
By Bettina Holzberger and Dr. Sandra Urban-Crell on Feb 18, 2016
Posted In Employment
The Higher Labour Court in Düsseldorf ruled on October 14, 2015, that even after the statutory one-month objection period in Section 613a(6) of the German Civil Code has expired, employees may object to the transfer of their employment based on an incomplete or inaccurate mandatory notification letter if it was reasonable for them to assume...
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Safe Harbor Not Binding! European Court of Justice Bares Its Teeth
By Dr. Sandra Urban-Crell on Nov 11, 2015
Posted In Privacy and Data Security
In its decision on October 6, 2015 (file-no. C-362/14), the European Court of Justice (ECJ) stated that the commonly used Safe Harbor Principles, which were previously deemed to be a safe way to legally transfer data to the United States, are non-binding for national data protection authorities. Thus, after this judgment, the harbor is not...
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Germany Enacts Law on Mandatory Quota for Women in Business
By Bettina Holzberger and Dr. Sandra Urban-Crell on Sep 22, 2015
Posted In Employment, Labor
On 6 March 2015, the German Bundestag passes a law (the Frauenquote) that aims to ensure the equal participation of women and men in the management of business and public office. The Frauenquote entered into force on 1 May 2015. The new regulation, although commonly referred to as a “women’s quota” is legally constructed to ensure that both genders...
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Ruling of First Impression: Employees Working Abroad Do Matter for Thresholds of Corporate Co-determination in Germany
By Bettina Holzberger and Dr. Sandra Urban-Crell on Jun 26, 2015
Posted In Employment, Labor
In a February 16, 2015, decision from the Regional Court of Frankfurt a. M. (ref.: 3-16 O 1/14), the court determined that employees working outside of Germany have to be taken into account when determining whether or not the statutory thresholds that trigger corporate co-determination in Germany are met. In this case, a new shareholder...
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German Parliament Enacts Law on Mandatory Quota for Women’s Representation in Businesses
By Bettina Holzberger and Dr. Sandra Urban-Crell on Apr 2, 2015
Posted In Employment, Labor
On March 6, 2015, the German Bundestag passed a law, the so-called “women’s quota” (Frauenquote), which ensures the equal participation of women and men in the management of businesses as well as of public offices. The Political Context According to the German government, women are still heavily underrepresented in leading positions. There is no socio-political...
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German Employment News: German Employer’s Obligation to Compensate for Break Times if Break Times Have Not Been Properly Allocated
By Dr. Sandra Urban-Crell on Oct 2, 2014
Posted In Employment
The Regional Labour Court of Cologne (Regional Court) stated in a decision in late November 2013 that a German employer has the obligation to allocate break times of employees in an orderly manner, and presented the possible consequences of non-compliance with such obligation. In the case under review, the German employer (a nursing home) had...
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Rights of Job Applicants in Germany
By Dr. Gudrun Germakowski and Dr. Sandra Urban-Crell on May 29, 2014
Posted In Employment, Labor
The German Federal Labor Court made a very clear ruling regarding job applicants in Germany who are not offered the position for which such applicants applied. In the Federal Labor Court’s view, a rejected applicant has no right to know whether another applicant was offered or accepted the position. (Federal Labor Court, verdict dated April 25,...
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In Germany, the Burden of Proof Is on Employees if an Employee Wants to be Compensated for Requested Overtime
By Dr. Sandra Urban-Crell on Mar 25, 2014
Posted In Employment
If a German employee claims special payment for overtime he has performed, it is the employee who has the burden of proof regarding the following requirements: the fact that he actually worked overtime; and the fact that the employer explicitly ordered to work overtime or at least has approved or tolerated the performed overtime. In...
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