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.

Civil Code Contract

The nature of this treaty is very controversial. On the one hand, the law does not restrictions on the provisional sale and purchase of an object such as apartments to be built. However, on the other hand, the essential condition of the sale and purchase agreement (as well as pre-purchase agreement) is subject, in our case – an apartment. And since some very important properties of an apartment to determine from the preliminary purchase agreement can not be (due to the fact that the apartment had not yet built) – for example, the exact area, the exact room apartment – it turns out that the condition is not agreed on the subject of the basic contract, and pre-sale agreement is not concluded, even if it is signed by the parties. 3. Contract of sale flats.

Model similar to the previous page. Used by pik. One of the most risky for the developer models. In accordance with the Civil Code, a contract of sale apartments comes into force upon its state registration. And as the apartment at the time of signing such a treaty has not yet been constructed, then carry out state registration of such contract in the organs of the Fed is not possible. Hence, the sales contract is concluded, even if money paid by him, and the apartment – actually populated. 4. Contract assigning the rights to the individual. Seldom used, but is extremely dangerous from the standpoint of compliance with the law (only for those blocks of flats, building permits are received after April 1, 2005).

Democracy Or Freedom

As mentioned by King Abdalah II, democracy means different things to different people. For the most backward and authoritarian, democracy is only an electoral process. For the more advanced, elections are the beginning of democracy. In Latin America during the past 25 years, all countries with the exception of Cuba entered into a period of relative stability democratic, but freedom is reeling because confused liberty with debauchery. It allows any group – in many cases formed by simple patoteros do what comes in WINS. As there is no moral authority in the rulers to suppress with the law those who alter the daily living of the population or, in some cases are Governments themselves who incite chaos then appear as the saviors, everyone does what he wants. There were times in dictatorships military rights in that worked in peace and security, were fulfilled the laws, it respected the authority, but there was no free political exercise. In contrast, today there is freedom of expression – and political increasingly threatened in countries such as Venezuela, Argentina, Bolivia, but there is no security, work is unstable, economies do not solidify, the handling of power is selfish and opportunistic, and hypocritically, while leaders talk of elections, seek to remain in command of lifetime.

With a promise to take care of the needs of the people in places where people feel incompetent against Asian, American or European peers authoritarian populists negatively seduce the masses making them lose their right to self-determination. Sigmund Freud said: most people do not really want freedom, because freedom comes with responsibility, and most people have fear of responsibility. The paternalistic State to monopolize economic instruments, hereby the individual of responsibility for labour, which carries with it the be free and face the world on their own. The corollary is the dictatorship. To find the balance between freedom and democracy, there must be respect for others and the laws. Required civic education and education in general. The East Europeans able to enter in the correct democratic channel, due to their higher level of training, their obedience to authority and to the sad memory that left communism. Half of Europe was spared its tyrants in the past 30 years and progresses with remarkable success.

Up to some of the most reactionary Marxists acknowledged his failure and opted for the market economy, moving closer to social democracy. They understood that the basic principle of socialism: that all men are equal, is wrong. We are equal in the eyes of God, but the differences are evident in the ordinariness of life. Said sociologist David Riesman: the idea that men were created free and equal is both true and misleading: the men were created different; they lose their social freedom and individual autonomy seeking to become equal to the other. The balance between freedom and democracy It can only be in responsible for societies with high ethical sense, where the individual and the State recognize the individual and collective rights, respect the laws and invest in intellectual development. In Latin America to live in freedom and democracy laws are written, which are destroying the system are the authorities, who do not respect them or make them comply.

Mexicans

QUALITY in the education and the wealth by Ernesto game Pedroza the potential wealth of not only Mexico is in its inexhaustible natural resources have, neither in its proximity to the largest market in the world, or in large investments that can come from abroad, but in what we can do in each of our students with a quality education. Mexico has been placed in the last places in international assessments, this condition does not allow us to realize what we are losing with not adequately educate our students. We spend stupidly large amounts of money in the fight against insecurity, poverty and corruption, but we do not invest in creating wealth. We put too much attention on major national issues and that is precisely what we have. We’re very impregnated of resignation, of uncertainty and apathy that we have reached the conclusion not to be able to enjoy our wealth. If people pay attention in what they are talking about, what they say the institutions and what speak media of communication we will realize we are talking only about problems, rather than solutions to these. It seems we are doomed to suffer major problems unless someone give us some hope.

The beginning to solve large national problems is in a quality education, there is the solution to create the wealth of this country, there is the end of the poverty of millions of Mexicans, there is solution so that corruption fall under its own weight, hence this startup that insecurity is over forever. The big problem is that we don’t know what quality education means, we have come to think that quality means having all the technologies of tip and if you don’t have them, because we are doomed to never have quality in education. Our rulers very easily confuse quality with quantity in educational matters. They believe that with increasing the amount increases the quality automatically. .

Judgement Day

Much of the planet can not wait for the movie '2012: Doomsday. " The creators promise a fascinating story, beautiful and high-quality special effects. Sony has postponed the release date flma on the big screens at 13 cinemas November. As interesting and as the movie '2012: Doomsday 'make no mistake, it is enough to recall the movie from the creators Aaron Boyd, Roland Emmerich, Emmerich, vt, such as -' The Day After Tomorrow 'and' Independence Day '. The film's budget $ 200 million, I can assure you that the money from the hands of Roland Emmerich's not going to leave without cause.

The entire budget goes just to the preparation of a qualitative plot of the film. There are rumors that this is fatal Roland Emmerich movie, that after photography and film premieres '2012: Judgement Day ', Roland Emmerich, finishes his career in films. But again, it's just a rumor and more reliable data we get after the release of the movie '2012: Doomsday. " The main thing is not mix, the movies, because in 2008, has been released film of the same name, these two films are different productions and scenes