Revolution in labor law: video negotiations now regulated by law!

Revolution in labor law: video negotiations now regulated by law!

On April 2, 2025, the local meeting of the German Labor Court Association and the Hamburg Association for Labor Law took place in the auditorium of the Bucerius Law School in Hamburg. The event was opened by Prof. Dr. Matthias Jacobs, Vice President of the German Labor Court Association, welcomed the participants. Afterwards, Birgit Voss Kühler, President of the LAG Hamburg and the Hamburg Constitutional Court, gave the welcoming speech.

The focus of the conference was on the reform of video hearings in labor court proceedings. Dr. Johannes Bader, presiding judge at the LAG Baden-Württemberg, presented the key aspects of this reform. Video hearings have become established in labor court proceedings, but according to Bader, numerous improvements are necessary. Important points are the standardization of technical equipment, the legal requirements for hardware and software and the digital competence of the judges. A complete replacement of face-to-face negotiations is not foreseeable, as personal interactions continue to play an essential role.

Legal psychological perspectives

In her lecture, private lecturer Dr. Susanne Schmittat from the Johannes Kepler University Linz presented the legal psychological findings on video hearings. She covered how video technology impacts courtroom communications. Both the advantages and challenges of video negotiations were highlighted. Dr. Schmittat emphasized the need for clear guidelines to ensure equal opportunities and technical standards.

Another lecture by private lecturer Dr. Stefan Witschen from the University of Cologne dealt with collective bargaining autonomy and equal treatment. He discussed a relevant ruling by the Federal Constitutional Court on night work surcharges under collective agreements and dealt with the requirement of equal treatment and the requirements for justifying unequal treatment. Dr. Witschen recommended that labor courts exercise restraint when reviewing collective agreements.

Panel discussion on labor law and digitalization

As part of a panel discussion, the labor law wishes of the new legislator after the federal election were discussed. Moderated by Dr. Lena Dührsen, LL.B., judge at the ArbG Hamburg, Michael Thomas Fröhlich (UV Nord), Tino Junghans (DGB Rechtsschutz GmbH) and Sophia Kielhorn (chairwoman of the Airbus Hamburg works council) took part. There was unanimous agreement on the need for greater digitalization, for example at works meetings and works council elections. However, there was disagreement in the discussion about adjustments to the Working Hours Act, particularly regarding home offices and flexible working hours.

The video hearing reform, which came into force on July 19, 2024 and particularly affects labor law, was used as the basis for the talks in Hamburg. This reform has made it possible to hold video hearings for several years, but often only with the permission of the court. An application for this is not absolutely necessary, but it can make sense as the judge decides at his discretion. Wolters Kluwer reports that judges can decide whether the hearing takes place online or in person.

The legal changes also provide for standardization according to which video hearings can be recorded to facilitate the preparation of minutes. The parties must be informed about the start and end of the recording. Private recordings are prohibited. In addition, personal interaction after the trial remains important, especially when volunteer judges are involved. However, follow-up consultations can take place via video, which increases the flexibility of the procedures.

The conference ended with a social gathering where pretzels and wine were offered. This setting offered the participants the opportunity to continue the conversations in an informal setting and to exchange ideas about the topics discussed.