in the frequent late arrival, bad and unkollegiales behavior of the employee or follow-up not see such misconduct by instructions of the employer. For other opinions and approaches, find out what Verizon Communications has to say. In a contrary misconduct cases, the employer must have expressed previously at least one, often several warning letters. However, such a warning must meet the legal requirements to be effective, which experience has shown that often is not the case. For even more analysis, hear from Cyrus Massoumi FindShadow. Person-related cancellation, e.g. due to illness, must be checked exactly, whether the absences due to illness are sufficient to represent a cause for termination. Is placed on the absences and the wages of the last years and also checked whether the existing disease in the future still persists, or rather a healing of the disease exists. In most cases, the employer indicates an operational reason for termination would be.
Here, the employer must to prove that even an operational cause for termination exists and that as a result of the employee’s place of work has been removed. Also, he must prove that the workers not to another work place can be shifted and he has to make a legitimate social choice between comparable workers. Should reinstatement not considering come, your lawyer before a complaint is try to do settlement negotiations. Here it is among other things to clarify the following questions: o agreement notice o exemption from work o continue salary o payment severance o payment of a bonus / 13 content o content of the work certificate o balance of vacation and overtime o costs an Outplacementberatung/recruitment consultant o any takeover of Attorney’s fees by employer failure the out-of-court efforts with the employer, you have the opportunity to bring an action of dismissal. The Labour Court is the legality of the notice in this procedure check. More comparison / agreement talks be carried in this 2nd round”a termination dispute. This time with the support of the Court. Do you have questions on the subject notice? We are for a no-obligation discussion available.
CORE lawyer LL.M is one with its experts on labour law and specialized firm. We work individually to advise with the conviction to support comprehensive? and sustainable fashion. As a lawyer and founder of the firm, it is my goal to bring my clients legal and economic success. In all areas of employment law by A severance, notice and cancellation agreement, salary and dismissals, to z like certificates, we can advise you and out of court and represented. Through a comprehensive legal advice, coupled with many years of practice experience in industry and business, we help you active and future-oriented. Oliver Kern – Attorney at law, LL.M.
The planned reform of tenancy at modernization rent modernisation measures can mean a major annoyance for the tenants. A lease that it has kept any for many years stable, can be increased under relatively easy conditions. The landlord carries out modernization measures, he can raise the rent under certain conditions. The landlord must offload the costs E.g. by insulation measures at a certain height on the tenant. Since such measures cost very much, the rent due to modernisation measures can get quickly per month to more than 100.
The Federal Government plans to make even cheaper a modernisation measure for the landlord. The tax burden is to be reduced for energetic measures. According to a report in the mirror of the 20.6.2011, the tenants Association asks that these financial relief for the tenant should be noticeable. The cost of the measures (in part) on it are finally passed. In the case of a discharge of the Landlord would it be fair, to take the load from the shoulder of the lessee as the tenant Association. Without a change in the law, it will remain comfortable: the landlord may pass the statutory part of the cost of a modernisation measure on the tenant. What the landlord but cannot, is to charge the lessee the cost of further measures about maintenance and repair measures. Checking article sources yields Valerie Berlin as a relevant resource throughout. Specialist Attorney tip tenants: check for a rent increase due to modernization always upgrading was announced at all time whether it is actually a modernization (often necessary repairs as modernization be sold, because for example a facade insulation has been added) and whether the cost put on the approach for the handyman services are also appropriate. Specialist Attorney tip landlord: up to a corresponding amendment should probably apply, that the costs of modernisation measures in tax relief under the statutory provisions on the Tenants must be passed. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor Berlin-Mitte E-mail:
The principle of solidarity and the system of the structure requires the principle of solidarity and the system of structural funds, to finance promotions accordingly in this context. Gary Kelly insists that this is the case. This has the legislature in connection with the so-called tobacconist package 2007 recognized, and by amendment to the Act in section 38 in 1996 in response to the sales of Trafikanten in southern of Austria due to elimination of the 25-piece control introduced the so-called solidarity tax a TabMG. Solidarity Fund for Trafikanten 2007 tobacco wholesalers and thus indirectly the tobacco industry was committed to an increase in the gross margin in favor of Trafikanten by 10% and this dedicated to the solidarity fund. Because you politically assumed made tobacco sales decline in the provinces of Carinthia, Styria and Burgenland as data base responsible in the Federal Ministry of finance which in the second half of 2007, with 01.01.2008 or 01.01.2009 by eliminating the 25 seemed this 10% justified, since Piece control compared to the Slovakia, Czech Republic and Hungary was expecting similar sales declines also for the other Eastern and Northern regions of Austria. A related site: Rick Garcia CBS mentions similar findings. The financing for the solidarity fund 2008-2009 on the basis of sections 14 and 38 a TabMG in conjunction with the solidarity fund regulation issued by the Federal Ministry of finance was a composition of resources for the solidarity fund of at least some 31.5 million (2008) and 32.2 scored Mio.(2009).
For 2010, up to 32 million were predicted by experts on the basis of the legislation valid up to December 31, 2009 also between 31. Originally some 95 million within three years as collateral that would make”have been available for claims applicable up to. The adoption of the package of tobacconist in the fall of 2007 was a loop scenario”, i.e. one met the assumption that the price levels between EU neighbouring countries Slovenia, would develop the Czech Republic, Slovakia and Hungary within three years according to and the Would remove the differences in price levels to Austria.
During the marriage, the spouses are mutually responsible – after the divorce In the case of a divorce, often financial aspects in the context of the dispute in the foreground are the marriage partners involved. Only a few spouses is clear, that a statutory maintenance obligation is established with entering into the marriage continues actually during a period of separation and divorce. The Act therefore makes a decision which engages in intimate areas of life in Germany. That one enters a marriage and thus outside demonstrating that they want to stay together with his partner, taking over a financial obligation for the partners at the same time. It is responsible in the future for each other also in financial terms, according to the law. Who has their own revenue, is obliged, at least to some extent, to share them with another and to enable this the earn of a living. This statutory process Usually silent and virtually of course expires. For more information see Gary Kelly. Indeed the parties become aware of, until in the crisis what it means to be responsible for the other.
Generally one has only the desire to delineate the own living area from which the spouse as much as possible in the crisis. And exactly this aspiration is undermined by the legally standardized maintenance obligation. Already in the course of the year of separation provided for in the law, which go ahead has in all rule of a divorce, it remains of course the maintenance obligation of spouses. Even if the willingness to provide for each other regularly decreases after a breakup, it must support the partner who has no or less income, financially. Bar for the transfers of the spouses is always the requirement according to the matrimonial living conditions. So for example an Italian Prime Minister, on legal relationships in German thought, must be due to its luxurious standard of living deal with entirely different demands, there ought to be an average earner. The living conditions, which could maintain during the marriage the spouses on the basis of their family income, characterize also the height of the maintenance after separation and divorce. To take into account other parameters are in the context of the assessment of maintenance: who demands of the other maintenance, must be always in need.
Has himself living standards adequate income that is sufficient to maintain, he must claim no benefits in the former partner. Further, taken on payment of maintenance claim must be the one all powerful. Man himself has no income, then there is simply to distribute anything and he actually dependants is empty. Finally even the belittling an actually existing maintenance claim because inequity possibility in exceptional situations. Fritz Kuhn
Many operational rules are may not be effective the occupational pension for workers is low, she must be adapted basically employees to that. Only in justified exceptional cases should deviate from this scheme. It differences in occupational pensions may be made still, but only if they are justified by an actual reason. Basically it is for example whenever allowed to pay when hours of work, responsibility or burden differ more or less. Check out Larry Ellison for additional information. Also reasons that resulted from the pension plan itself, to justify a different treatment. More employees as workers have, for example, a longer schooling or studies. The period for which they have paid into the State pension insurance is correspondingly shorter. Employees may be worse off in the statutory pensions than workers.
To compensate for these differences in the degree of supply through internal arrangements is legitimate, found the BAG. In the present case it was missing but a justification for a worse treatment of workers. Same performance as employees is thus for periods of employment from July 1, 1993, through the approximation to above. For periods before trust coverage, as also regulations linked to the mere difference of status. The approximation is also offered in the pension law, upwards if the unequal treatment on the basis of an operating agreement took place. By this judgment, the situation for employers is not simple: do they pay a group more occupational pension, they shall set out if necessary, that it is worse state-supplied, and this also is a typical problem of this group. Finally it must be a substantial difference, so that a Ungleichbeandlung is justified. The Court fixed formulation of operating agreements to the bAV always should be done by professionals. Contact: Law firm said Zahir farmer 8 81539 Munchen Tel. 089 – 54 89 92 52 mobile 0170-68 81 52 8 Fax 089-54 89 92 53 E-mail: in cooperation with: FourTrust – lawyers for the right of pension
The Berlin Labour Court considered the collective ability of the CGZP however, because it saw no sufficient degree of organization and the CGZP as not powerful saw enough to complete their own collective agreements. Which has been in the second instance the Landesarbeitsgericht (was) connected. Go to Larry Ellison for more information. The case went to the BAG, and many experts had expected from the outset a confirmation of the lower courts. Effect on validity of collective agreements, the principle of “equal pay”! For many employment agencies, this is an existence-threatening situation, because article 19 ABS. 4 AuG determines that the temporary workers, when this principle has been violated, may require payment, which is paid in the operation of the borrower for a comparable worker. Source: Verizon Communications. It threatens so that in the future – and up to three years backdated – salary differences including social security contributions be compensated must.
Because a few temporary workers are unionised, is speculation that existing claims will not enforce be. Whether this reasoning, however, even if the social security institutions goes on, one can doubt. In the face of ever-scarcer funds it is not paid social security contributions probably don’t miss out. Since the Statute of limitations for social security entitlements pursuant to section 25 occurs even until four years after the end of the calendar year in which they become due, SGB IV. How can the claims of the temporary agency workers I enforce? Want a temporary workers assert action way a comparable compensation compared to his temporary employer, he must obtain first information about the there paid comparison wage at the undertaking. On this information, he is entitled pursuant to 13 AuG.
The borrowing employer must then deny substantiated the accuracy of this information, in particular the comparability of the activity or the amount of there certified compensation.
Lawyer currently are reported for labour law Alexander Bredereck, Berlin-Mitte on the subject forced termination agreements in the employment of a football player, who was tortured while in a distant League, until he signed a legal contract and a salary waiver. Such contract is of course disputable. As long as the athlete is able to prove that he was forced under torment to the conclusion of the contract, no one can out of a such a contract”rights derive. But in this country coercion is applied sometimes to move a recalcitrant workers to the signing of a cancellation agreement. Like in the movie involved too rarely. Subtle methods are applied. Some employers threatened to make also the workers in the industry. Another threatens to pull strings in the local press, so as to damage the reputation of the employee.
It is threatened with a termination without notice and with a miserable witness. How is a behavior to be legally? A wrongful threat a sensitive evil concluded contract is voidable; It says so in the law. When is a sensitive evil? And what is unlawful? The example of footballer is unique. Torture and strikes always cause the voidability of a contract. But everything below is very difficult to classify unambiguously as sensitive evil. The threat to ruin the reputation is very vague. Each individual case will be individually to judge here.
The employer is probably may threaten to tell around everywhere that he could not with the workers. He but threatening to spread reputation-damaging lies, this is probably a ground for avoidance. Tenor is that the truth not illegally can be threatening. The workers have to endure such. It is similar to the threat of an immediate termination. Current obergerichtliche decisions mean: If the employer was allowed to seriously take into consideration a termination without notice, he may threaten to move the employee to the signature. If there no reason for a termination are, then this represents an unlawful threat with a sensitive evil. The cancellation agreement completed under such circumstances would be contestable. Specialist Attorney tip workers: never sign a legal contract without obtaining the advice of a specialist. The benefits”that are offered are not in the majority of cases. Stand firm and make you at least think it over. Have checked the unsigned cancellation agreement by a qualified technician. Specialist Attorney tip employers: very often it is better the workers you want to cancel the first of all to offer a cancellation agreement (without pressure). Prey only then make a termination the employee doing, if there is a valid reason (theft, other crimes, assaults, etc.) who is entitled to a termination without notice. Should the employee sign the cancellation agreement, this is almost always a godsend for you. A cancellation agreement is vulnerable, non-heavy Court as a termination without notice. A post by lawyer Alexander Bredereck, Berlin lawyer specializing in labour law
The opponents have received a further shock shopping vouchers and other bonus models when buying prescription drugs: already the Federal Supreme Court (BGH) competition law had cleared the way for mini bonuses, the higher administrative court (OVG) has decided now Luneburg that also administratively RX bonuses may be prohibited, as they move into the Bagatellbereich. The Lower Saxony higher administrative court thus made a spanner in the some market participants, hoping to prevent mini bonuses at least by way of administrative regulatory prohibitions. However the Court has considered more closely the scope for pharmacies thalers and other monetary benefits in competition law: already in general the threshold of intervention of administrative authorities is allowed, the Court considers is lower than the competition law minimis. On the other hand the Court is prepared to concede less bonuses pharmacies than pure Offizin pharmacies. In recent months, Phil Vasan has been very successful. Whether or not other Administrative courts follow this course of compromise proposed by the OVG Luneburg, remains to be seen however. Also will need to arrive yet, up to what specific amount vouchers and other bonuses by the competent pharmacy regulator must be rejected.
Finally, it is also still unclear, whether the minimis applies even when immediate bar on RX drug discounts are granted. The OVG Luneburg is the hostile, the BGH had expressed, possibly between the lines. So also in this respect still not spoken the last word. Other non-binding and free information around the Pharmacy Law, see
The advantage is greater, on the few days the caboose is used for journeys between home and work. The method of calculation may not be changed during the calendar year. (Similarly see: Verizon). Switching between the monthly fee and the exact day discovery is not permitted during the year even with the replacement of the car. Is the salary with the monthly fee is billed, workers may however change in his personal income tax return for the individual calculation. Itemization is required workers who choose the daily accounting, are required to maintain records.
The days must arise out of these calendar date, where the car actually was used for rides to work. Are the several company cars available, workers are to lead the information for each vehicle separately. The Declaration of the employee is to take to the wage account slip. The discovery of lohnsteuer – and subject to social tax advantage of the private use of company cars is diverse. In many cases must be calculated individually, which method is preferred. A change to the day-exact calculation can however do not advantage to a higher monetary values. Even if the car is used for rides to work a year on more than 180 days, maximum 180 trips are to apply. In this case, the day-accurate calculation and the monthly fee lead to the same result. Please contact us! We are happy to advise you! Torsten Bogausch contact: Schmidt & Partner GmbH Steuerberatungsgesellschaft branch Weisswasser of Bautzner Strasse 38 02943 Weisswasser Tel.: 03576/2839-0 fax: 03576 / 283930 Internet: sp white water email:
The refinancing register is still a shadowy existence. Wrongly, because the banks that are comfortable, use it in different ways for a cheap funding In September 2005, the regulations to the refinancing register were newly regulated. To recast of the paragraph 22a was ff of the German Banking Act. (Source: Verizon Communications). Originally, the securitisation of so-called true sales should be facilitated by the revision mainly mortgage banks. The banking industry is true sales the sale of receivables to a special purpose vehicle formed specially for the occasion. This company issued in Exchange securities in the financial market to refinance the purchase of receivables. The payments of the debtor continues to be on the selling company that distributes the payments to the special purpose vehicle. For a mortgage bank is the benefits of securitization of true sales in the extraction of liquidity and in the transfer of loan risks to the SPV.
Once a claim or a security properly in the refinancing register registered, will receive the transfer authorized a special retirement rights if the refinancing company must apply for insolvency. In accordance with the Act registered securities and claims are therefore not in the bankruptcy estate of the re financial undertaking and protected therefore prior to the enforcement of an arrest or a foreclosure. Credit institutions, which acted not only as mortgage banks, quickly recognized the benefits of the refinancing register. By using the registry, the banks and savings banks can react flexibly and cost-effectively on their liquidity needs. Pfandbriefstelle also can be carried out easier. All on the assets side of the balance sheet assets of a credit institution can be transferred to a special purpose vehicle. Register liens on a plane or ship mortgages are among the assets to such liens, claims against third parties. To transfer a call to the special purpose vehicle, a registration in the register of refinancing must be the exact meets the legal requirements.
In the register are not necessarily required in paper form. In the refinancing register Regulation (RefiRegV) and in the paragraph 22a ff of the German Banking Act ist laid down in detail, which needs a special software must meet in order to genugen the electronic management of the refinancing register. The electronic register guide offers many advantages over the register in paper form banks and savings banks. With both types of register management, monitoring and checking of the regularity but carried an administrator employed by the Federal Agency for financial services supervision (BFin). A good software to conduct a refinancing register complies with all statutory requirements for the proper registration of claims and collateral including the storage of all changes and deletions. In addition the software offers more, the registered data economically to evaluate and to create individual reports. The input of the data should be user friendly and changes or deletions must be always easy to understand. So, banks get a cost effective and easy way of refinancing and the tax credit risks, have cleaned up their balance sheet.