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Eva von Muellern

Counsel / Attorney || Berlin

Eva von Muellern has been working as an attorney in the Berlin office of Ogletree Deakins since March 2017. She advises national and international clients on all aspects of German individual and collective employment law. Eva von Muellern also advises on the drafting and negotiation of service agreements with managing directors and board members as well as their termination.

In addition to ongoing day-to-day employment law advice, Eva von Muellern regularly provides cross-border advice in connection with corporate restructurings, in particular share and asset deals, as well as mergers and transfers of operations.

She regularly represents clients before all German regional labor courts and state labor courts.

Eva publishes regularly on employment law topics.

Before joining Ogletree Deakins, Eva von Muellern worked as a lawyer at CMS Hasche Sigle (employment law) in Cologne and at K&L Gates LLP (employment law) in Berlin.

Languages: German and English

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Learn more about Eva von Muellern

Education

Professional Activities

  • Member of Rechtsanwaltskammer Berlin
  • Member of Institut für Arbeitsrecht Berlin und Bochum e.V.

Speeches

Insights by Eva von Muellern

Draft Law – Germany Plans to Introduce Obligation to Record Working Time Electronically

The so-called ”Time Clock Ruling” of the European Court of Justice (ECJ) from 2019 on the recording of working time has so far received very little attention in Germany. This will change now as the German legislator is taking action about half a year after the decision of the German Federal Labor Court of September 13, 2022.

On April 18, 2023, the German Federal Ministry of Labor and Social Affairs presented a long-awaited draft law that is intended to incorporate the obligation to record working time, which has already been established by the ECJ and the German Federal Labor Court, into the German Working Time Act.

New Year – New Legislation: What Changes in German Employment Law in 2023

On January 1, 2023, Germany will begin to implement digitization processes in the statutory health insurance system. As a result, the paper certificate of incapacity for work, previously known as the “yellow certificate”, which doctors usually issue to an employee to certify their sickness, will largely be a relic of the past. From now on, employers will be informed electronically by the relevant statutory health insurance fund about the incapacity to work of employees who are insured under the statutory health insurance.

Inflation Compensation Bonus: Tax-free Special Payments for Employees

The Bundesrat (upper house of the German parliament) has now approved the “Act on the Temporary Reduction of the Value-Added Tax Rate on Gas Supplies”, so that it can enter into force in the near future. In addition to the regulation regarding the tax reduction, the law also includes the so-called “inflation compensation premium”. In view of sharply rising consumer prices and record inflation rates, the German government would like to motivate employers to make bonus payments to their employees in order to cushion the increased financial burdens.

Important Changes in German Employment Law in 2022

As usual, there are some important changes in employment law that went into effect at the beginning of the new year. We have prepared an overview over the most important new regulations that employers may want to be aware of.

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