Wednesday, December 23, 2009

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Merry Christmas!

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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Every Sunday: Arrangement of Sunday work allowed?

On the seventh day you should actually allowed to rest. For shop opening times, this has determined not only by the Lord also BverfG Sun All this actually speaks against Sunday work. The BAG sees the day of rest rather computationally and claims that can be arranged without a contractual agreement Sunday work. The management right of the employer allows it, because the definition of working time is now for the Areitgebers (BAG 15.9.2009, 9 AZR 757/08).

I mean, right! Also: as bad as can be read, it is not. Since, generally, is the legal prohibition of Sunday and holiday work in § 9 para 1 ArbZG such an instruction contrary to the employer. The transfer of Sunday work is so zulässug only if the supervisory authority a special permit pursuant. § has issued 13 section 4 or 5 ArbZG. In addition, the council a say in § 87 1 No. 2 WCA. (RA Strieder, Solingen, Leverkusen, lawyer specializing in labor law)

Thursday, October 22, 2009

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increase in working hours: the works council determines the BAG say when!

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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by collective wage agreements with existing collective agreement invalid

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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No mandatory participation of employees in staff meetings

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

How Much Is A Crown Cigna

Well, Master? Immoral?

Such a question must be many a craft business that requires for its operation, the employment of a master in the sense of HwO can provide. Many a champion is in fact less its work force, rather than his title against purchase them.
Such a contract is void because he is an immoral business circumvention of § 7 HwO. This has the BAG by order of 18.3.2009, case no decision 5 AZR 355 / 08. This is not too favorable for both sides, as the master does not receive a salary and those operating without the necessary masters have been conducted is.

Tuesday, May 26, 2009

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BAG decides again holiday pay in continuous disease

The BAG (Judgement of 19.05.2009, Az: 9 AZR 477/07) has held that employees have in case of permanent incapacity and continuing employment are not entitled to holiday pay. Any other interpretation of the provisions of BUrlG that was after a European Court decision has become necessary (see my blog entry under http://arbeitsrecht-fachanwalt.blogspot.com/2009/03/kein-verfall-des-urlaubs-bei -krankheit.html ) applies only if the Urlaaub due to illness incapacity until the end of the leave year or carry-over period can not be granted. In a continuing employment relationship But does § 7 BUrlG IV. A compensation claim (klar!) and holiday pay claim divorce from then. I think the decision to be inconsistent, as can be taken in both cases due to a disease not a holiday period, in the first (ECJ case) from actual, in the second, now a case decided by the BAG from rechtlchen reasons.

www.rechtsrat-arbeitsrecht.de www.anwalt-strieder.de www.telefonrechtsrat.de

Monday, May 25, 2009

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short-time compensation / parental benefits: tax payment threatens

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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measure of wage usury: Usual wage minus third

usury is generally not permitted, § 138 II BGB. After the BAG pay usury is indirectly essential before then, if wages fall below the respective in the industry and pay local rates by more than 1 / 3. Decisive is the comparison even with the tariff hourly and monthly fees excluding beachtuing of supplements: supplements. Here even the developing working relationship is important. A first not usurious usurious contract can be with time. After all, can the BAG (Judgement of 22.04.2009, Az: 5 AZR 436/08) also allow for an individual case basis. www.rechtsrat-arbeitsrecht.de www.telefonrechtsrat.de

Monday, May 4, 2009

Graduation Centerpieces]

work Suns like a cause for immediate termination?

" 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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fact, full-time. When a surprise from the part-time employment to full-time employment

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

How To Fix Gi Joes Loose Joint

is no compensation for the injured employee

is violated, an employee of a company in a traffic accident, the cost of a replacement force of the injured employee is not recoverable. After the Supreme Court, BeckRS. 2008, 23 428, it lacks a legal basis. been injured is not the company, but only the employees of the company. A legal right, particularly the commercial operation of the company, was not injured. A so-called intervention in the trade or business, which can lead to compensation claims, is in principle only at a targeted impairment. This means that an act of infringement must be sent directly to the business enterprise itself. This is the mere violation of an employee in a traffic accident undoubtedly not regularly given.
often overlooked by employers, however, that they have against the infringer for the continued payment of wages Act, a refund can claim.

Tuesday, April 14, 2009

Is My Furnace Or Thermostat Broken?

Naughty Works: notice ineffective

Does an employee (in this case even a works council) with his superiors, working conditions are inhumane in the operation, according to the Works Constitution Act was banned and "These are working conditions like in the concentration camps", this is indeed a gross insult. This principle can also justify termination without notice. A dismissal is disproportionate for a single incident, a very long tenure (provisional 35 years) of the employee and a plausible excuse, which relies on the contract without any termination for cause to be carried out to balance interests. In the present case, the termination was therefore invalid. The employer could, therefore, the approval of the works of extraordinary Termination of the employee can not replace the courts (Hessian LAG 03.09.2008, 8:00 TaBV 10/08).

well only that the worker the employer only grossly insulted him, and not a cent amount "easier", eg for coupons or malicious use of the postage meter for a private employer letter. I refer to the Post Office to be made cashiers Judgement, where Me is a similar balance in favor of the employee could have. www.anwalt-strieder.de www.telefonrechtsrat.de


Sunday, April 5, 2009

Buy Bulk Indian Throw Pillows

Time Fraud: immediate dismissal!

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.

www.rechtsrat-arbeitsrecht.de


Tuesday, March 31, 2009

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in from the union? "Simple differentiation clauses in collective agreements, confidentiality agreements

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

Got A Hernia After P90x

: Labor law of the Works?

agreements www.telefonrechtsrat.de in standard employment contracts (GTC), which require an employee to secrecy on certain operational procedures, subject to a decision of the BAG is not in every case, the participation of the Works of § 87 paragraph 1 sentence 1 No. 1 WCA. A right of participation is considered, however, if the scheme is directed to the ordering behavior of workers. this is not the case if the confidentiality concerns work behavior of employees, or is already regulated by law.

The employer completed a clause on workers even secrecy agreement. The Works (BR) went against the employer in Angtragsverfahren with a "general request" before and wanted found know that a confidentiality clause is always subject to approval. The council said that he is entitled to this right in accordance with § 87 paragraph 1 sentence 1 No. 1 WCA.

This ultimately had the BAG (v. 10.03.2009, 1 ABR 87/07) Previous:
Principally, however, when confidentiality obligations a say in the BR for the WCA. A say, however, excluded if the declaration of secrecy the way people work and not the Rules of Conduct governs Arbekitnehmers or a statutory secrecy exist, eg according to § 17 UWG.

why this was the general request of the Works, which refers to all cases of the conclusion of a moderate form confidentiality agreement relates to reject. Because it also covers cases in which a participation of the works is excluded because of a work behavior or a legal obligation of the specific agreement. www.anwalt-strieder.de www.telefonrechtsrat.de

Thursday, March 19, 2009

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No expiration of the leave for sickness of the employee

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.

Under German Holidays Act and the German law on this, this was far different. The Maehr, that a residual leave the previous year can always be made in the first 3 months of the year will result in UrlG no confirmation. The 3-month period applies only to special exceptions. www.anwalt-strieder.de www.rechtsrat-arbeitsrecht.de

The consequences of the decision are significant for long-term sick for the employer. If the employment relationship before the leave was taken, he is compensated. Does not end the employment relationship, the leave is to expand to. But what happens if the claim is barred or is engaged by a contractual limitation period tarifiche or individual? ME is the right to leave at the end of the period also impossible, so that at a holiday compensation claim can be considered.

Tuesday, March 17, 2009

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BAG: notice of repentance of the employee: termination and back again

When an employee announces extraordinary writing, he can not later invoke the invalidity of the notice (BAG v. 12.03.2009, Az: 2 AZR 894/07). Such conduct is contrary breach of good faith.
The plaintiff had terminated his employment without notice. Later, the workers wanted to appeal to the fact that his dismissal was invalid, because no good cause had been submitted. An important reason, however, provided for termination without notice (§ 626 BGB).
The lawsuit was unsuccessful and before the BAG. If there is a lack of good cause for termination without notice, but the dismissal is indeed void. Only the employer can make the invalidity of the dismissal in court. The employer does not do this and he accepts the termination, the employee can, has even written notice, not rely on the employer to the invalidity of the dismissal, because otherwise in violation of the prohibition contradictory behavior. www.anwalt strieder.de- www.telefonrechtsrat.de

Monday, March 16, 2009

Period Cervix Is Still High

recognition of compensation to ALG?

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.

Rightly said, the SPA (SPA 03.03.2009, B 4 AS 47/08 R). The settlement of a labor-court settlement may be counted in the unemployment benefit II to reduce the benefit as income. Although this was previously dealt with in the unemployment benefits otherwise. To such legislation, the legislature has omitted the unemployment benefit II, but in the opinion of the SPA aware. Accordingly, the legislature has waived the privileged status of severance payments. This place is no dedicated Service within the meaning of § 11 Paragraph 3 Nr.1a SGB II dar.

is, however, the result of the Judgement for the plaintiff only disadvantage when his former employer did not make him Schadensersatzt anymore. Indemnify it should be, namely, there would be subject to timely payment of an allowance (to ALG) will not occur. www.anwalt strieder.de- www.telefonrechtsrat.de

Tuesday, January 27, 2009

Hot Swollen Infected Finger



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

Shocking Belt For Abs



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 ..