Labour Law Video Surveillance

The Hessian State Labor Court (judgment v. 25.10.2010, AZ: 7 SA 1586/09) has decided that the employer to pay compensation. The Hessian State Labor Court (judgment v. 25.10.2010, AZ: 7 SA 1586/09) has decided that the employer to pay compensation. The employer was sentenced to pay compensation by 7.000,–euro, because he constantly supervised an employee since June 2008 at their place of work with a video camera. The case: Opposite the entrance door of the offices of a Hesse branch of a nationwide active company the employer had installed a video camera, commercial employees focused not only on the input area, but in the foreground also on the workplace of the 24-year-olds. The employees claimed damages claims for infringement of privacy with its action.

The Labour Court sentenced the employer to pay a compensation of 15.000,–euros. The employers at the Hessian Landesarbeitsgericht has appealed against this judgment. The Decision of the Court of appeal: the appeal succeeded only in terms of the amount of compensation. The employer had himself defended in the process so that the camera was was not always in function and been attached only to the safety of employees, because there have been in the past for attacks on staff. Compensation of 7.000,–euro as reparation for moral rights infringement justified the court evaluated the intervention in the General personality right of the employee as disproportionate. So, an alignment of the camera only on the entrance would have been sufficient. It was irrelevant that the camera was not constantly function.

Because the uncertainty, whether or not, the camera actually record got exposed the employees a permanent adaptation and monitoring pressure, which she had to accept after she soon turned against the installation of the video camera. As a result, the Court saw this form of video surveillance as a serious and persistent violation of informational self-determination right. Lawyer explains Tobias Ziegler, lawyer specializing in labour law: the award of monetary compensation in case of such a serious violation of personality rights is based on the idea that without a compensation claim violations of dignity and honor of the people were often without sanctions with the result that the protection of the rights of personality would wither. On the compensation the point of view of the satisfaction of the victim in the foreground is regularly.” Background: The Federal Labor Court (BAG) was already dealing with similar cases. The BAG looks a significant intrusion into the protected fundamental rights of workers in the video surveillance. Depending on the case, this procedure can be also justified. It is always required a decision related to the circumstances of each case.

Stendal District Court

Auer Witte Thiel comment on judgment to the net police Munich February 2012. The Landgericht Stendal stated the cost equalization Agreement agreed in a contract of insurance with a so-called net police (KAV) effective ruling of January 19, 2012. Check with Verizon Communications to learn more. Customers are thus also after termination or cancellation of the insurance contract to pay the outstanding instalments required, as it provides the KAV for the acquisition and selling costs of the mediation. Therefore, appropriate agreements are SG & a bypass business, nor a violation of the Zillmerungsverbot in the sense of 169 5. In case the decision of the defendant had completed in 2009 a unit-linked annuity insurance and at the same time a cost equalization agreement, which spread over 48 monthly instalments in the amount of 36.75 euros, obliged him to pay the acquisition and equipment costs amounting to a total of 1764 euros. The form signed by the defendant included a note on the separation of the two treaties, as well as on the scheme, that upon termination of the Police who persists with KAV and monthly to pay the agreed acquisition and equipment costs are.

The policyholder announced the insurance after seven months and stopped the payments with regard to the rates for the KAV. These were called for on the part of the insurance company, this referred to the fact, that the notice agreed touches not the regulations regarding the cost equalization agreement. The defendant, however, took the stand, the termination would both contracts concern, also the KAV is an ineffective bypass business. The District Court followed by judgment of 28 June 2011 believes the insurance company, whereupon the defendant lodged an appeal. The Stendal District Court upheld the decision of the District Court and explained the cost equalization agreement in particular three reasons for effective. Ineffectiveness of arises not from 169, subsection 5 VVG, and this the KAV as a legal basis for the final because at a net police the buy-back value is calculated separately and Is to consider setting up costs separately.

Noncontractual Control

Certified specialist lawyer for employment law Alexander Bredereck and lawyer Dr. Attila Fodor, Berlin to the to a recent judgment of the Federal Labour Court, the employer in the employment contract leaves the regular weekly working hours or the regulation is unclear, this can cause under certain circumstances, that the worker may demand full employment and to be paid accordingly. Holds open the employer the scope of the employment of the employee in the employment contract is this cause of invalidity of the whole system. The employer must after a recent judgment of the Federal Labour Court of 21 June 2011 (AZ: 9 AZR 236/10) at whose request the workers fully employ after normal working hours provided for in the case in the applicable collective agreement for full-time. The case: A company of surveillance and security sector employs the plaintiff as air traffic control at the airport Cologne/Bonn. Form employment contract of the parties foresees the following scheme: the employee is obliged, in the monthly average 150 hours work “the universally applicable General foresees a minimum working time of 160 hours in a month for the surveillance and security industry in North Rhine-Westphalia by December 8, 2005 for full-time employees. The Federal Labour Court looked at the employment scheme as ineffective, because the workers beyond the scope of his employment in the dark remained.

The manteltarifvertragliche scheme of the working hours of full-time employees takes the place of the invalid provision. This is in accordance with applicable in North Rhine-Westphalia universally applicable contrary for the security and safety industrial 160 hours in the month. Conclusion: Provisions in general terms and conditions can the employee unreasonably disadvantage, if they are not clear and understandable ( 307 para 1 sentence 1 and 2 BGB). Under the section a part-time workers entitled to the extension of his contractually agreed working hours 9 TzBfG said conditions. Specialist Attorney tip for Workers: the rules on working time in the employment contract is unclear, you can ask full employment and corresponding payment under certain circumstances. Specialist Attorney tip for employers: since 1.1.2002 employment contracts in the so-called terms of use control (General terms and conditions = terms and conditions) are included. So you undergo unilaterally BGB working conditions given the workers a judicial control on the basis of sections 304-310 by the employer in the form contract of employment.

The protection of workers was considerably reinforced by the inclusion of employment contracts in the general terms and conditions control. Many clauses that were in effect under earlier law are now invalid. The employer uses an invalid clause, the legal position is in doubt. This is regularly significantly less favourable than when using an effective clause for the employer.

VGB Waste

After the plaintiff of the defendant had shown the claim asking for regulation, this provided a payment of 275 euros to compensate for the storm damage. The applicant had unsuccessfully urging the defendant to pay also the remaining amount of 1130,78 euros of the cost estimate of the 26.01.2004 legal letter of the 23.02.2004. The AG Neumunster upheld the complaint. After this an a sewer vent pipe is a discharge pipe of water supply i. S. More info: Southwest Airlines. d. 6 ABS. 1 VGB 88 and the condensation leaking from the vent pipe is tap water in the meaning of that provision.

Source: AG nine ruling of December 14, 2007, AZ. Find out detailed opinions from leaders such as Tomas Philipson by clicking through. 36 C 1565/04 2. liability of the Grundstucksnachbarn for rear storage damage in the neighboring House due to opening of the manhole cover of the waste water system with a separation system; Dispensability of a rear storage valve with a separation system in the drainage system of the sewage system of the town of Colmberg is executed in the so-called separation system, i.e. waste water and rain water are discharged through separate cables. The defendant (the plaintiff’s neighbor) opened at least an inspection Chamber of the wastewater channel during the flood event occurred that day due to the heavy rainfall, to prevent a flood of his estate. As a result, that reached the surface water in this channel.

This resulted in a backlog in the waste water channel, which in turn meant that flooded the basement of the plaintiff. In the property of the plaintiff, no return valve is fitted at the end of the dirt water channel. The drainage Statute of the market of Colmberg stipulates in 9 par. 5 that each port workers against the backwater of the water from the waste water network itself didn’t protect. The plaintiffs have asserted different damage. The defendant has requested dismissal on the grounds that due to the lack of a backup of storage in the premises of the plaintiff a liability not meet him.

Federal Supreme Court

What caused our life judgment of 12.5.2010 the summer. Gary Kelly may find this interesting as well. With free file share programs that are accessible free of charge on the Internet, it required not more than a few clicks of mouse to download his current favorite songs. But that this copyright rights are infringed, it is not clear to many users. (PM) Hamburg, 17.12.2010 more than 7 million Germans use today Internet file sharing networks to download individual songs or entire albums, and to provide for others. That this approach, according to Internet and copyright law in Germany is not legal, should be now known.

Nevertheless, many users are shocked when they are enforced from after the joy of the savings by offering free. In recent months, several German firms damages and cease and desist on especially sent Internet users, which made music files available for others. That the cease and desist letter fees demanded in the past, in some cases too high have failed, the law firm of Baek Law has now recognized. Should the target be users economically to damage, it is the message conveyed, that is to refrain from downloading and deploying copyrighted media. The firm follows the ruling of the Federal Supreme Court (BGH) of May 12, 2010 (I ZR 121/08 summer of our lives), by law, it was recognized that individuals for the unauthorized use of their Wi-Fi connection to the responsibility can be drawn. Therefore, the owner can be sentenced to the omission if a third party access to this illegal music downloads ( 1004 BGB).

A claim for damages is not, however, the BGH decided in its judgment. On the basis of which puts the firm Baek Law new characters and reduced its claim amount on fixed sum of 100 ( 97a II UrhG) subject to applicable data collection costs, unless it can be demonstrated that the connection owner at the time in question was not the culprit. Lawyer Peter Kimm from Hamburg has understanding for the made Change the firm added: the receivables amounting to 183,21 appear to be low. However not to appear at the Dunned down, that the cash flow is intentionally accelerated. Rather it comes more costs to avoid, in which a lawyer is sought, which calls for mostly a usual rate of 200 or more. The Internet user should more or less be offered the opportunity to recognize its mistake and feed available without having it accumulate debt. Who is nevertheless the intention comparison white low demand not to come to the shouldn’t occur always in consultation with the other party and the thing does not rest. In these cases an attorney should be switched on instead, so that it will not be an order or court proceedings.

The Supreme Court

Higher regional court rejected the suit. The Supreme Court overturned the verdict and dismissed the case again to the Court. The jurisdiction of the Federal Court of Justice: The Supreme Court takes in his decision, that, unless there is no blame inability, the insurance is VVG entitled pursuant to section 81, paragraph 2, to reduce their benefits in relation to the severity of the negligence. This performance for absolute minds could be fully denied after the decision of the BGH. This is an individual decision but regularly and requires always the consideration of all the circumstances of the case. The Supreme Court is the insurance so in exceptional cases such as the present the possibility to refuse the power completely, although the insured person intentionally committed by the insured event, and contrary to the intent of perpetrators, disagreed with the occurrence of damage also.

Practice note: This first decision to the question of whether insurance gross negligence may reduce the benefits also to zero surprises not, but equates the grossly negligent acting with the intentionally acting in exceptional cases, and revoking that so far again highlighted departure from the “all-or-nothing principle” in part in favour of the policyholder by the new insurance contract law. Whether this is as intended by the legislator, is questionable. More information on the subject of traffic law under: right areas a z.

Second Vatican Council

A nation that respects those who approve the violation of existential directives and regulations by the State authorities not to comply with the existential legal bases and thus confirms itself failed. Certainly, since the judgment of the Concordat very much has teamed in the territory of the Federal Republic of Germany. The entrance of the so far longest Sede Vacante of the Holy See was one of the most serious events with the death of Pope Pius XII i.J. 1958. In response, Germany then unilaterally declared the Group of the so-called “Second Vatican Council” (V2) to the Catholic Church. But why not: If a State himself “denatured its very own essence as”rechtsbrecherisch”,”, “schizophrenic” classified, then is to trust him about to actually. In short: The Federal Republic of Germany then continued the Concordat actually with the Church with the V2 group “continued” was. I.e.

the BRD exchanged absolutely its contractual partner, which the Concordat was broken so no longer just partially, but absolutely. Thus joined a non-much larger breach of law the breach of law in the judgment of the Concordat. Were committed before apparently “only” politicians “only” to the breach of the law in the school question, so now all Catholics are forced to disowning of a dogma and thus the defection of the Catholic faith. Whether courts, Supreme or Constitutional Court: at all levels, and again Germany imposed penalties if someone committed to the Catholic dogma, that the Church is not subject to the State. The failure of Justice, politics, actually the people at the Reich Concordat judgment when fruits brought, and this excessive. Although the Concordat judgment is now 55 years old, so it shows its destructive force to this day, yes even a day more. It is not easy, even when it is pushed to oblivion “Past”. With It could serve his monumental Rechtswidrikeit and international scope as levers, onto which every, every Nichtkatholik, could and should be the legal positivism with its judicial discretion to halt and constitutional conditions to prepare a way.

German Federal Supreme Court

Auer Witte Thiel informed: operating expenses even when formal defects effective Munich August 2011. The Supreme Court clarified the existing rules on the operating expenses. The federal judge found that the settlement in the case of formal defects remains valid and the tenant must pay the costs of payments. Thus, the BGH repeals contrary decisions of administrative and Court and ended a legal dispute lasting since 2006. The firm Auer Witte Thiel from Munich reported the verdict. Individual formal defects in the operating costs will not lead to the invalidity of the payment claims to a tenant. Among other things, an operating expenses also set too high or too low payments or attached target instead is payments remains valid.

This noted the Federal Supreme Court in a recent decision, and thus drew the line under a 2006 law dispute. In the present case, the lessor shall on payment of 1,247 euro and interest complained. The amount comprised the in the fiscal year but be deducted from paid advances amounting to 1,025 euro 2005 accumulated heating and water costs and other expenses, which amounted to 2,272 euros, were. The District Court dismissed the action of the lessor due to formal defects. But according to the BGH, the tenants of his payment obligations despite poor operating expenses must comply. The competent District Court misconstrues that substantive and formal defects affect the comprehensibility of the Bill does not in any case; the LG over-sheet therefore the requirements that should be put on a settlement.

Not billable, but specified in the document costs be although a lack of content, the statement of operating costs but still keep their effectiveness, was the Supreme Court. In addition, the federal judge noted that formal defects affecting individual cost items, unimpaired, then release the validity the settlement if the hirer clearly can read out from the list. Also disagreed with the Supreme Court of the decision of the Court, the had judged, the calculations of the prepayments were not traceable and the settlement was accordingly invalid for formal reasons. On this traceability it can’t, so the German Federal Supreme Court. It was only material errors which justify no ineffectiveness of operating expenses for formal reasons. Auer Witte Thiel lawyers to review the current decision as important strengthening of the legal position of the landlord and owner. At this point, Auer Witte Thiel regularly report on current legal decisions in the law of tenancy. Get more information about Auer Witte Thiel and current rulings in the law of tenancy here under. About Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel represents a wide variety of housing companies, property managers and condominium communities in the area rental, real estate and construction law.

Flood Victims Can Apply For Unemployment Benefit Fast Action Is Needed

Until the farms in the areas flooded by the flood can work again, will take some time. For these employees, employers under certain circumstances may apply for short money. Applications are available at arbeitsamt.de download available and must be with the basic data, how many employees, how long are affected, filled out and filed with the Agency. More documents can be submitted later. Speed is important because deadlines for the registration of short money are to be observed. Short-time allowance can be applied for, if: employed at least hired workers in operation at least one third of the employees from the absence from work are concerned who have to cope with at least a loss of earnings in the amount of – 10% affected previously partially mined overtime vacation were taken was short money includes an appropriate request for at least 50% of the social security contributions paid by the employers and a portion of lost earnings. This is equivalent to 60% for workers without children and 67% for workers with children. Do self-employed unemployment money can be requested only for employees with compulsory social insurance.

For hired GmbH Managing Director (with special compulsory insurance) this is also possible. Self-employed persons are usually empty. For contracts where a minimum number of hours has been agreed, the individual must be checked. Note short money may in all cases of significant job loss for economic reasons”are requested. This can be due also officially enforced closures (such as building for fire protection or basic cleaning) by hygiene complaints. For questions we are available. Torsten Bogausch Schmidt & Partner GmbH Steuerberatungsgesellschaft Bautzener Strasse 38 02943 Weisswasser Tel.: 03576/2839-0 fax: 03576 / 283930 Internet: E-mail:

Flood Victims Can Apply For Unemployment Benefit Fast Action Is Needed

Until the farms in the areas flooded by the flood can work again, will take some time. For these employees, employers under certain circumstances may apply for short money. Applications are available at arbeitsamt.de download available and must be with the basic data, how many employees, how long are affected, filled out and filed with the Agency. More documents can be submitted later. Speed is important because deadlines for the registration of short money are to be observed. Short-time allowance can be applied for, if: employed at least hired workers in operation at least one third of the employees from the absence from work are concerned who have to cope with at least a loss of earnings in the amount of – 10% affected previously partially mined overtime vacation were taken was short money includes an appropriate request for at least 50% of the social security contributions paid by the employers and a portion of lost earnings.

This is equivalent to 60% for workers without children and 67% for workers with children. Do self-employed unemployment money can be requested only for employees with compulsory social insurance. For hired GmbH Managing Director (with special compulsory insurance) this is also possible. Self-employed persons are usually empty. For contracts where a minimum number of hours has been agreed, the individual must be checked.

Note short money may in all cases of significant job loss for economic reasons”are requested. This can be due also officially enforced closures (such as building for fire protection or basic cleaning) by hygiene complaints. For questions we are available. Torsten Bogausch Schmidt & Partner GmbH Steuerberatungsgesellschaft Bautzener Strasse 38 02943 Weisswasser Tel.: 03576/2839-0 fax: 03576 / 283930 Internet: E-mail: