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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.

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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.

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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

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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).

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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.