Wednesday, December 23, 2009
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We wish you a quiet and peaceful Christmas.
After the last hectic days, we must now secure a little bit come back and be quiet.
from colleagues heard only positive things about the holiday shopping season, so by the year 2009 despite the crisis, reports a good and satisfactory conclusion. wishes
Merry Christmas and a happy and prosperous 2010 to you
Mag Werner Salmen
chairman
Thursday, December 10, 2009
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Thursday, October 22, 2009
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That the council arbeitsrecht.de at a working time arrangements may be subject to co-determination principle is not disputed. Interesting if all the ground that the courts refer to the work of this. They walk with a significant increase in the regular weekly working hours for an employee of an "attitude" within the meaning of § 99 I S. 1 WCA. What is such a significant increase in working hours was not yet clearly defined by case law.
The BAG (BAG of 9.12.2008, AZ: 1 ABR 74/07) has decided it now. The BAG is based on regarding the duration of § 95 WCA III, saying that a working time regulation, which is scheduled for more than a month, can be substantial. Significantly, the increase in working hours over a period of one month out but only if they exceed 10 hours per week or more. Again, the reasoning is interesting. The BAG is concerned involves the provision in § 12 I TzBfG p. 3. The RG concludes from this scheme that the legislature considers a working week of 10 hours as a minimum time for a part-time employment, and therefore with an increase in the workload of each employee 10 hours / week, a part-time job into consideration. Thus the interests of employees are affected, because the council could possibly penetrate to the creation of part-time jobs.
Such clear-law brings legal certainty in any case the works.
http://www.anwalt-strieder.de/ (Solingen / Leverkusen) http://www.rechtsrat-arbeitsrecht.de/ http://www.arbeitsrecht-fachanwalt-leverkusen.de/ (Leverkusen)
Friday, July 10, 2009
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The BAG has held that a tariff under adverse individual agreement is invalid because they violate the collective agreement and not effective through that is later deleted a tariff binding. A single agreement may be amended, however, be taken in the aftermath phase of the TV (BAG v. 07.01.2009, Az: 4 AZR 250/08).
In the case decided the employer moved to a membership in the employers' association without tariff binding (so-called OT-membership). A short time previously concluded would provide for an employer with workers already modified contracts, which collectively agreed benefits.
The employer said that these agreements would take effect at least from the time of the change in an OT membership.
The court upheld the claim of the employee for payment of tariff benefits. If collective bargaining agreement bound the parties agree during the term of a collective agreement, an amending treaty, which sets the tariff under working conditions, this agreement is superseded by the collective agreement. This is certainly the case if, under the agreement that they should apply immediately, not only possible in an after-effect phase.
Such arrangement shall be not as "other arrangement" within the meaning of § 4 para 5 TVG for the time www.anwalt after the collective binding at after-effect.
-strieder.de www . telefonrechtsrat.de www.rechtsrat-arbeitsrecht.de
Wednesday, June 24, 2009
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The BAG has held that a Instruction of the employer to participate in staff meetings is not to indicate that the content of a contract amendment. Reason: the right of instruction is essentially limited to those mentioned in § 118 GewO areas, ie time, place and content of the work. A right of instruction for a conversation in which a contract modification, in this case a wage reduction to be negotiated are not there. In the case decided
had the employee refused to participate in such a personal conversation without the works / more employees. The employer had warned then. After the court decision was to withdraw the Ammahnung (BAG 06.23.2009, 2 AZR 606/08)
www.anwaltr-strieder.de www.rechtsrat-arbeitsrecht.de
Thursday, June 4, 2009
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Tuesday, May 26, 2009
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Monday, May 25, 2009
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Both the parents money and the short-time compensation are subject to the progression and thus increase the income tax payable . Both benefits are wage replacement benefits. When Elternegeld it is true that the FG Nuremberg (Judgement of Az: 6 K 1859/08) and for the base rate of 300 €, which I consider it wrong, since this amount represents, in my opinion is a social benefit.
The progression does not come from the income tax deduction, but only at the personal income tax return of the employee application, so that this can result in an additional payment EKST-a not inconsiderable extent.
www.anwalt-strieder.de www.rechtsrat-arbeitsrecht.de www.telefonrechtsrat.de
Thursday, May 7, 2009
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Monday, May 4, 2009
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" I did not anyway to desire job for "a more honest but said little tatktisch trained workers with his employer. The allegedly grabbed the opportunity with both hands and announced to the employee without notice. The Labour Court gave the Frankfurt Arbietgeber then be able to employ the workers on. The Arebitnehmer after court had expressed his displeasure view only a little thoughtless. A refusal to work is not (ArbG Frankfurt / Main, Az: 7 C 2301/08).
www.rechtsrat-arbeitsrecht.de www.telefonrechtsrat.de
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for the content of the employment relationship is taken not only on what the parties to hold frequently-often more or less effective, a written employment contract. It also depends on how the employment relationship was genuine. This had to find an employer who agreed with his workers as a precaution only a 30-hour written employment contract, but this began a regular basis 40 hours a week. According to the LAG Köln (AZ 7 SA 864/07) was a contractual 40-hour employment. Then, the parties had agreed in fact with regular use. The employee could ask, then, that he used 40 hours a week and for the case that much work is not available, but require payment for the wages of a 40-hour week. Ie, that any social rights would depend on termination of employment after the corresponding pay rise.
way, employers can generally no longer claim that the written contract of employment a written form exists, which can only gain by such contractual claims application which is writing. Now, after unanimously agreed contracts Terms and Conditions (GTC) are. A written form is contrary to the will of the legislature to proceed individual agreements, including oral, written terms and conditions.
Friday, April 24, 2009
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Tuesday, April 14, 2009
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Sunday, April 5, 2009
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The judgments of the Labour Courts and State industrial tribunals can close in recent years on a fairly rigorous treatment of the contract without notice if the employee has committed an offense against the employer or disturbed in any other way trust relationship by conduct of the employee so effectively is that a continuation of the employment relationship does not seem feasible. On the appropriate blog post, which I set to immediate termination suspected a cashier for an alleged misappropriation of low-quality mortgage brands, can I refer in that regard. Another example of a dismissal may be an erroneous application or manipulation of time and attendance, as this is a duty or constitute fraud can. Then, a dismissal to be effective even without a warning (LAG Rheinland-Pfalz, AZ: 2 Sa 537/07). The employee should note here that a dismissal without timely or appropriate behavioral termination is also considered if it meets with regard to the alleged conduct was not at fault. As a labor court weighs the loss of confidence and is enhanced, not in individual cases to be expected.
Tuesday, March 31, 2009
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a collective agreement contains a clause stipulating that certain benefits are entitled only union members, such a provision does in the work, involving the collective bargaining agreement, not to be that such benefits be paid even at Nichtgewerkschaftler if this clause is effective on TV (BAG v. 18.03.2009, 4 AZR 64/08).
The applicant, who was not a union member, had a contract with a clause referring to the "provisions of the applicable collective agreement, as amended. The Collective Agreement was settled: ".... the ver.di members receive as compensation for the abandonment of the special payment in each financial year a compensation payment of 530 € gross "The applicant did not receive the above-mentioned performance and wanted to share this klagweise.. the Labour Court upheld the one that WAS the BAG and rejected the request.
The contract of employment equality deny leg hold only that the Tariffvertrag apply to the employment application. This is regulated but not that the applicant as a union member is to be treated. You can only make a claim for tariff benefits provided that they satisfy the requirements of the scales of claims conditions.
The TV-clause is also effective. It provides a "simple differentiation clause" (as opposed to a qualified differentiation clause), because it considers the possibility of the employer open to the unequal treatment contract to eliminate. Interference with the negative freedom of the worker is allowed for sufficient justification. join
An improper pressure on non-organized workers of the union, are not available. The special payment was not so high as to cause pressure on the independents are exercisable on. In addition, there was a redevelopment agreement, which should include also prevent tariff evasion.
www.anwalt-strieder.de www.rechtsrat-arbeitsrecht.de
Monday, March 23, 2009
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Thursday, March 19, 2009
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The right of a worker is on annual leave granted after the expiry of a calendar year or period there, if he has not because of illness during the current calendar year, company says the ECJ (v. 01.20.2009, C-350/06). In the case decided the employee was probably on the whole Calendar year affected, so this is short for diseases in the current year, as planned during the remaining holiday at the end, does not apply if the leave can be taken in the reference period.
Tuesday, March 17, 2009
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Monday, March 16, 2009
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Is the creditable compensation as a labor-court settlement to the ALG-performance income?
The plaintiff had fought in the Labour Court a compensation payment for loss of job, what will happen, yes. Unfortunately, the employer paid very late, after the plaintiff foreclosure had. Unfortunately, the plaintiff moved in the meantime ALG II instead of unemployment benefit. To the unemployment allowance, the compensation would not be counted. The BA is expected but on the ALG II.Tuesday, January 27, 2009
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the matter with the employer ...
Zietlow: " I go back to Sat.1 "
Bach: " Ehrlich "
? Zietlow: "rubbish (laughs) Were you ever in Unterföhring?"
Bach: "Yes, in the BR. That was kinda scary ... "
Somehow scary it is also intended for Dirk Bach, who soon gets his own show in Unterfoehring, namely on Sat1. As Sonja and Dirk-show last year so impressive is he flopped at RTL probably not to use it for much.
And as an also Sat1 has problem with Personality shows, is likely the new show of the Lord Bach hold at most 2 episodes. Then again, he can say: This was kind of scary ...
Thursday, January 15, 2009
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The day briefly summarized: No work, no customers, no boss .. but wait, who was and remained in his office all the time .. if he still knows what I look like?
When I have finished my internship, I make three crosses. But for another time ..