Tag: law

Noncontractual Control

Posted on by adminLiberty

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.

The Supreme Court

Posted on by adminLiberty

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

Posted on by adminLiberty

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

Posted on by adminLiberty

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

Posted on by adminLiberty

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

Posted on by adminLiberty

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: