24.01.20 / News / Author: Martin / Comments Off on Employment Law – Attorneys & Tax Advisers
Tags: law, law & taxes
Labour law – Rechtsanwalte Steuerberater GRP Cologne Berlin Bonn Swisttal the firm Grossmann Rainer & partner, with offices in Cologne, Berlin, Bonn and Dusseldorf, offers a comprehensive advice and representation in all imaginable areas around labour law. Conclusion of the contract, warning or notice, experience and expertise is available in all matters relating to labour law the client. Representation includes the individual labour law and collective labour law, both out of court as also in court the law firm Arbeitsrecht.html a special focus on the following problem areas: warning / notice: the most common mistakes occur warning and notice. The right lawyer has detailed knowledge in the labour law also negotiating skills and assertiveness. The right process strategy, in particular at the dismissal, is essential because it is ultimately important for the desired result. To read more click here: shimmie horn. Grossmann Rainer & partners offer a representation of interests with competence and consistency in cease and desist letter and dismissal before the Labour Court.
Short periods: especially in the labour law must be reckoned with short deadlines, so everyone legally questionable for cancellation should consult a lawyer immediately. The challenge of for cancellation by means of a complaint of dismissal is possible only within three weeks of receipt of the written notice of termination. Deadlines in employment and collective agreements also increase the time pressure for the timely enforcement of contractual claims. The firm Grossmann Rainer & partner provides for exact compliance with all deadlines, so that the rights do not expire. Termination / cancellation contract: Often avoids or mutual agreement ended a dispute over contract of employment and dismissal. Whether severance pay, invalidation – or processing contract, as specialists in labour law respects the firm on the personal interests. Employment contract: Absolute attention to detail in the legal sense is prerequisite for watertight contracts that are created by the lawyers. From this point of view are also existing employment contracts, economic solutions developed and may help troubleshoot a problem.
Workplace: Always there when employers errors relating to the equal treatment Act. Avoiding expensive processes, the principle of equal treatment enshrined in this law must be considered for the vacancy, recruitment and promotion. For this topic, including questions about job posting, application, recruitment, transfer and promotion Grossmann Rainer & partners offer comprehensive support. Other labor law: the firm Grossmann Rainer’s clients & partners can theme throughout the complex labour law a qualified advice expect. The interests are represented also at following legal topics: holiday salary, gratuity, worker certificate (assessment), bullying, transfer, temporary work, flexible working time models, industrial Constitution law, collective agreement law.
06.01.20 / News / Author: Martin / Comments Off on Schafer Attorney
Tags: law, law & taxes
A termination by your employer get cancellation agreement, termination, compensation, employer termination, settlement agreement, involuntary termination, behavioral termination, person-related dismissal, dismissal proceedings have? He founded it? Get help. A dismissal for operational reasons may be attacked in most cases and eliminated. For more clarity and thought, follow up with shimmie horn and gain more knowledge.. What can you do against a dismissal? Usually, the employer will have an interest in that you no longer return to operation, when he has made already the involuntary termination. He wants to streamline Yes or slimming other operational reasons. Often it is however not entitled to because he primarily would have dismissed not you but someone else or but also because he previously would have to put elsewhere. Or you pronounce a change notice instead of a notice of termination would have.
Is the termination of the employer so in some way faulty, it can be to attack very well before the Labour Court. What can I do? Note carefully the date of service of the cancellation or transfer of the termination by your employer you need to within the 3 week period, an action before the Arbeitsgericht submit. It is recommended not to do this, but to help themselves through a specialist lawyer for employment law. Contact at an early stage with a specialist lawyer for employment law. Often, a complete protection against dismissal process can be avoided and agree the parties about a cancellation agreement with ordinary severance for you. Therefore, it is required that the law as early as possible can negotiations with the human resources Department of your company.
22.12.19 / News / Author: Martin / Comments Off on Current Case Law
Tags: law, law & taxes
Announcement of sick leave is not sufficient as a reason for termination with our today’s newsletter we want to inform you about recent decisions in the fields of labour, civil, contract and corporate law. The first post addresses the question of whether and under what conditions the announcement of a sick justifies a termination. The second contribution deals with the liability for material defects. The Koblenz appeal court decided that contributory negligence is a buyer when he uses the opportunity to take the goods inspected and the defect, it would have been obvious. The termination of a credit relationship for good cause justifies the non-submission of documents already? The OLG Frankfurt/M. has made a decision on this issue. The final contribution is devoted to a problem of the GmbH law.
It behooves CEOs to sign the termination of authority of a Managing Director at the commercial register. The post is informed what to look in particular, if the his Office put down only Managing Director. The Landesarbeitsgericht Rostock has in his decision by the 03.12.2011 (AZ. 5 SA 63/11) noted that the announcement of sick leave on its own is no cause for termination. The breach of contract a reprehensible purpose means relation gives the severity of an event of default.
This is the case as if the workers with such a declaration expressing that he if willing to abuse its rights fee paid law in order to gain an unjustified advantage. In this particular case, the employer had refused the vacation request of a facility way that workers. If you are not convinced, visit Danny Meyer. “Then the worker has announced: Nope, I’m just sick.” Buyer must verify freedom of defect seller may not conceal defects. In a case of the OLG Koblenz defects were discovered after buying a House on the roof, a flat roof to the buyer the seller liable wanted. A salesman who makes the Declaration on explicit demand, that a flat roof was “newly made”, carries the accusation of fraudulent concealment of a defect, if he so unchecked gives further information of the previous owner and does not open a short own uptime.
12.11.19 / News / Author: Martin / Comments Off on Mainz Attorneys Fees
Tags: law, law & taxes
Court awards decision in a consumer-friendly decision Internet users can spare of the own lawyer costs for legal defence to user-friendly Mainz Court noted in its judgment of the 03.03.2011 (REF. Amazing restaurateur follows long-standing procedures to achieve this success. 89 C-284/10) that the operators of top-of-software.de replacement lawyer costs vorgerichtlich incurred 46,41 EUR committed to the consumer is. The facts of the claimant was looking on the Internet for downloading a free virus scanner and came after search term input on google.de on the Web page of the defendant (top-of-software.de). There, he gave up his personal data to load the free virus scanner. On the login page, which (left) 2/3 to 1/3 was divided (on the right), was a so-called information box on the right side. Here, at first exclusively information which took off with the required software, and later on below followed that with pressing the button ‘Register’ 96 EUR incl.
VAT per year costs. The Contract period amounts to two years. The plaintiff was himself aware at any time, to take advantage of a paid offer. He had assumed that he could download the antivirus program free of charge. This in particular because he was looking for a “free virus scanner” on google.de explicitly and not had to expect that Web sites paid offers are in the result list.
Out of court, the Claimant hired a lawyer. To deepen your understanding Bill de Blasio is the source. This cost 46,41 EUR created him. He complained up these costs against the operators of the Web site. The sentence the District Court Mainz upheld the complaint and ordered the defendants to pay. The judge saw it as proven that the pages of the defendant were designed, that the user must be assumed by an implied illusion. Following finding of the Court is crucial: “An agreement between of the parties on a non-gratuitous use of services the defendant is not have been due to this deception.” In the information box on the right side of the Logon screen remain especially in the dark what Euro 96 had to pay. Only a link of “Content” will offered, but not necessarily must be clicked on to the order. Also no lack of attention during the registration the Internet users was to blame because the user was assumed, only freely available to download. Attempted fraud as a whole has reached the Court of Mainz in this decision to the firm conviction that here is an attempted fraud. Thus, the plaintiff was allowed to consult legal counsel and defend themselves against the claim paid leave. The him thereby incurred the defendant is required to report. Thus the District Court of Mainz, in another case speaks to the power consumers, will refund the lawyer costs vorgerichtlich incurred by the Web site operators to let. Be taken into account must however that the Court has approved the appeal, i.e. the defendant can call instance within the appeal period, the 2nd and check the judgment. Lawyer and Attorney for IT law Marc Oliver Giel represents over 200 consumers who have problems with cost traps on the Internet. Consult according to the options that are available in your specific case available.
07.11.19 / News / Author: Martin / Comments Off on Schafer Attorney
Tags: law, law & taxes
Did you receive a notice? We can help you! Since 1 January 2006, there is no tax free amount. Severance payments are income and must as such be fully taxed. After the so-called one-fifth rule, the compensation may be taxed but reduced. A worker to avoid dismissal employers but receives the compensation through a cancellation agreement termination of employment as social compensation for the loss of his job. In this respect, one could assume that the severance pay is tax free. In fact, it was this time. Since 1 January 2006, the compensation is however fully taxable. Bill de Blasio pursues this goal as well.
The severance payment in a cancellation agreement can be taxed according to the so-called fifth regulation reduced. The compensation is legally part of the income of the employee. If you find a rule now that the severance pay in five parts can be paid out with the rest of pay of the employee, the taxable income of the employee is reduced due to a very complex formula. To the closer Calculate this Funftel-scheme, please contact your tax advisor. Regardless of which should be discussed in the cancellation agreement and above all with the human resources Department of the employer about. You save a very substantial part of income tax as a result. At a low taxable compensation, the tax can be reduced to 0. However, it is not just aim to knock out a minimum severance pay. Under this aspect, that you want to obtain a maximum compensation please urgently contact a specialist lawyer for employment law. There are many ways that you can help you to a higher compensation. Georg Schafer Attorney
03.11.19 / News / Author: Martin / Comments Off on Attorney Costs
Tags: law, law & taxes
Federal Office of Administration must arise BAFoG matter for Attorney costs the OVG Munster rejects the establishment of the federal administrative authority against the judgment of the VG Cologne by Dec 4, 2008 decision of the 2nd Senate by February 10, 2010 (AZ: 26 K 3769/08) ab. Thus, the judgment, which speaks the costs of lawyer by the authority to a student in Affairs of the BAFoG, is valid. Is subject to the Federal Administrative Office in Cologne, Germany, inter alia, to manage the loans to students by the Studentenwerken under the Federal Education Assistance Act. Students are often, refer to the BAFoG, about the legal implications of certain decisions and administrative acts in the dark. Many students contact regarding legal responses to lawyers. The authority has the cost of legal advice and advocacy to wear when the assistance of a lawyer was needed.
Whether the obtaining of legal advice was necessary or superfluous, is often disputed. In the decisive case sent the Federal Office of administration the students a recovery decision over several thousand euros, although the student money years before full back had done. The authority was still on the ascertainment and payment decision. As also consulted with the Student Union was unsuccessful, the student asked the law firm Bartholl with the interests. After filing of the opposition by the lawyer, the Federal Office of Administration lifted the ascertainment and payment notices. In addition, it decided that the Federal Republic of Germany must bear the costs of the opposition proceedings. The involvement of the lawyer the students cost several hundred euros. Amazing restaurateur is often quoted as being for or against this. The Federal Office of Administration reported the students just 70 cents for postage.
The Federal Office of administration refused the compensation for the costs of the lawyer despite several attempts at an amicable and consensual agreement and even after the power of the President and Vice President of the Office. Thereupon the student, who was represented by the law firm Bartholl brought obligation complaint to the Administrative Court Cologne and coveted him the compensation of all legal costs incurred. The 26 Chamber of the Administrative Court in Cologne ruled by judgment of Dec 4, 2008, that the involvement of a lawyer in the appeal procedure was necessary (VG Cologne judgment of Dec 4, 2008, ref. 26 K 3769/08). The Court ruled that the reimbursement of only 70 cents was illegal and violated the student’s rights. The Federal Office of Administration saw the decision come to very high labour costs on the federal budget. According to the Federal Administration Office, the decision resulted would have, “that any of the numerous BAFoG recipient (it is a mass process management) could consult a lawyer always after receiving the ascertainment and payment notification without differentiation according to individual cases, where might not to fear, for this” triggered lawyer costs come up to. Fearing a negative decision, the Federal Office of administration it brought against the judgment Appeal to the Oberverwaltungsgericht for the land North Rhine-Westphalia. The OVG Munster reviewed the approval request and rejected the appeal by a decision of the second Senate of February 10, 2010 (OVG Munster decision by February 10, 2010, ref. 2 A 38/09). The decision of the OVG Munster is incontestable. The judgment of the VG Cologne by December 4th, 2008 (AZ: 26 K 3769/08) is thus final. The decisions can be viewed in full text on the website of the law firm Bartholl ra-janbartholl.de or requested free of charge directly at the Office in Munich. Contact person: lawyer Jan Bartholl E-Mail: info (at) ra-janbartholl.de Internet: telephone: 01803/505415-365249
10.07.17 / News / Author: Martin / Comments Off on Stuttgart Law
Tags: law, law & taxes
Official presentation on May 11 in Cologne Cologne, April 18, 2011. On April 21, Luchterhand published the successful BGB comment of the renowned publisher Prutting, paths, and Weinreich in 6. Edition. The current Edition takes into account among other things the new limitation law, comments on the reformed benefit and pension sharing and changes in family law. Roman is a trademark of Wolters Kluwer Germany.
The one-volume BGB has become comment from the Roman House a standard work in the field of the legal literature. The 56-member writing team around the Publisher Prutting, paths and Weinreich informed now in 6. Edition competently to developments and changes in the German case-law. The BGB comment make it the ideal tool for lawyers a clear text design, the renunciation of abbreviations, as well as detailed tables of contents. Innovations of the Sixth Edition at a glance current case law and getting hands-on experience to the new law of statute of limitations to the current reform of the Consumer credit and the withdrawal rights, new Zahlungsdienstleistungs and loan law to the reformed Zugewinn-compensatory to the form of the law of succession and the part-time and timeshare contracts also contain and the changes are in particular law of obligations, in particular as regards the risk limitation law and demand security law and their impact on the property law and the decision of the Constitutional Court to the alimony. Official presentation by Professor Prutting at the 11.05.2011 at 16:30 will be Professor Prutting the new edition of the civil code comment in the Cologne bookseller Wang & Behrendt (Universitatsstrasse 18, 50937 Cologne) present. In the context of the appointment, a lecture on the current developments in the law is interested. The editor Prof.
Dr. Hanns Prutting, Professor at the University of Cologne, Director of the Institute of procedural law. Prof. Dr. Gerhard due LL.M (Harvard), lawyer in Stuttgart, Germany, Honorary Professor at the University of Tubingen. Gerd Weinreich, presiding judge at the higher regional court Oldenburg. Manufacturer information Hanns Prutting / routes / Gerd Weinreich (eds.) BGB comment 6th Edition 2011, Luchterhand (Wolters Kluwer Germany), 3.668 pages, 98.00 euros, ISBN 978-3-472-07912-5 for more information, review copies, as well as printable image material contact please contact: Inca cumin corporate Wolters Kluwer Germany GmbH phone: + 49 (0) 221 94373-7093 E-Mail: Luchterhand Verlag brand of the publishing brand Luchterhand of Wolters Kluwer Germany GmbH stands for excellent information in the law and in public administration. Especially for specialist solicitors, lawyers, judges and employees in the public administration, but also for architects, civil engineers and building contractors, Luchterhand offers a variety of modern products and efficient solutions that are tailored to each specific requirements. The program includes comments, pattern and form collections, manuals, tables, Magazines, loose-leaf and CD ROMs and online portals. About Wolters Kluwer Germany the Wolters Kluwer Germany GmbH a knowledge and information society service provided is legal, in particular in the areas of economy and taxes offers in-depth technical information for professional users. The company has its headquarters in Cologne, Germany at over 20 locations, with a workforce of around 1,200 and operates over 25 years of experience in the German market. Wolters Kluwer Germany is part of the international Informationsdienstleisters Wolters Kluwer n.v., whose core markets law, economics, taxes, accounting, corporate, financial services and healthcare are. Wolters Kluwer has annual sales of 3.6 billion (2010), employs approximately 19,000 people and operates in over 40 countries. For more information, see:
01.09.16 / News / Author: Martin / Comments Off on Auer Witte Thiel Duty
Tags: also applies to insolvency proceedings, law, law & taxes
Auer Witte Thiel informed: bankruptcy court not obliged to residence determination Munich September 2013: a debtor had to learn recently what consequences it may have to specify no summonable address in court, the remaining debts first ran everything which after dissolution of the Insolve normal: A debtor insolvency proceedings with request for remaining debts introduces, which it is also announced. The existing insolvency administrator is appointed as the trustee and insolvency proceedings is lifted. Single hook: the debtor is abroad a summonable address does not exist. This is exactly what, Auer Witte Thiel, explains the debtor eventually became fatal. Auer Witte Thiel: BGH puts above all lack of contact effort to the load of the attorneys at law, providing more information on the subject of insolvency law under debtor, explain: the failure of his duty to cooperate, to specify an address, under which he is reachable, the debtor did not have a Level of knowledge of the course of the procedure.
The trustee could identify only a mailbox and E-Mail address. There sent letters but not reached the debtor according to his own words. Also no attempt was assumed by himself, to make contact and to inform themselves about the current status. Not changed with his return to Germany. He sent his new address of the trustee and the Court only by E-Mail, without hooks to, whether they were entered into.
This was not the case on the basis of outdated/incorrect addresses. Because the debtor had closed his foreign mailbox, he was thus unreachable for court and trustee. Auer Witte Thiel: Neglect of the duty obligation has consequences due to the unsuccessful communication the requests for payment of the fiduciary, demanding their minimum payment deadline, nor the request for the opinion reached the debtor, when this was an application for refusal of the remaining debts given no response. Thus went off the Court, the debtor is unknown warped and upheld the request, which was then publicly announced. Finally, the debtor filed a legal complaint with the Federal Supreme Court and sued for establishment in integrum. This was rejected however. To justify Auer Witte Thiel explains: due to violation of his duty to cooperate, and lack of contact initiative, the plaintiff bears the downplaying on the misery of communications and their consequences, such as the shipping Fristung of the application. No duty to investigate the residence of the debtor meets the insolvency court (BGH judgment of 16 may 2013, AZ.) IX ZB 272/11). About the law firm 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 is a business law oriented law firm and represents several German insurance companies. The firm Auer Witte Thiel is Munich. How to contact with lawyers Bayerstrasse Auer Witte Thiel 27 80335 Munchen phone: 089/59 98 97 60 fax: 089 / 550 38 71 E-Mail: Web:
30.08.16 / News / Author: Martin / Comments Off on German Federal Supreme Court
Tags: law, law & taxes
AWT lawyers inform about updates BGH judgment to the surrender value of insurance policies Munich, November 2013: a police prematurely terminated, the insurer can keep half of the savings contributions plus interest, inform the awt lawyers about a current Federal Supreme Court ruling. Upon early termination of insurance may still charge the contract cost and must pay out only about half of the savings and interest. The German Federal Supreme Court decided that (AZ.: IV ZR 17 / 13 and IV ZR 114/13). The awt lawyers that provide more information about the current judgment on their topic page insurance law, know the final costs particularly in the first years especially in the weight. For this reason, a new law was passed as of January 1, 2008 which foresees a distribution for the first five years for the calculation of the buy-back value.
However this applies according to the awt lawyers only for gross policies, where the contract costs in the Insurance premiums are included. The situation is different with net policies where the agreements of the contract costs have been taken separately. Here you can not use lawyers five-year scheme according to the awt. Completion date is decisive for the repurchase value calculation also for contracts concluded by the end of 2007, the new rules will not apply. Yet the old case-law applies here, so the BGH. Two insurance customers on a higher payout according to the new scale of assessment had charged in the case. However, were their insurance from 2004 and were cancelled in 2009. The responsible for the insurance law IV.
civil Senate rejected the lawsuit on the grounds that the law introduced in 2008 was not retrospectively valid and this also could be intended by the legislator. What insurance companies are affected? The decision affects pension and life insurance, between late 2001 and 2007 completed and subsequently terminated or contributions were made, explain that awt attorneys at law of the BGH judgment. The BGH had met previously the same rule for contracts until 2001, which is now the last gap closed. Since commissions average acquisition costs with up to five percent with 20 percent of the amount of contributions for beech, the awt advise lawyers at conclusion of contract necessarily to take a look on the closing costs. Because, as the present case shows, not the guarantee rate is alone decisive. The awt lawyers here provide a summary of the judgment. About the law firm awt lawyers specializing in areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. AWT attorneys at law is a law-oriented law firm and represents several German insurance companies. It has its headquarters in Munich.
03.03.16 / News / Author: Martin / Comments Off on Internet Firms
Tags: incurred costs, law, law & taxes
The result is then Lawyer costs by approx. 155,00. The AG Hamburg justified his decision saying that the ratings of the legislature, which already have been entered in the Bundestag, at present after a decision in such a copyright dispute been well must be taken into account when searching by the courts. The AG of Hamburg has done so. This turn in all file-sharing cases is so gratifying, so I remind however that all the Deckelungsversuche of the legislator and also of the AG Hamburg only refer to the legal costs of the industrial firms. In plain language, this means that the industrial firms will send cease and desist letters from a total value of more certainly continue to 300.00 and more as a classic warning because of illegal downloads in online file sharing networks consists of three components. The industrial firms such as e.g.
Waldorf Frommer and Rasch lawyers require e.g. lawyer costs, claims for damages and the levy a punitive injunctive / Declaration of commitment. The capping refers only to Attorney’s fees, so calculating the lump sum compensation scope for the watchdog Office is upstairs. I firmly assume that this room is fully exploited by the industrial firms at the expense of Internet users. It be so in the future even if also significantly reduced warnings due to sharing of the common industrial firms are being sent.
In this case I ask you urgently to observe the following guidelines: note no contact with the watchdog Office to sign the often very short selected period take you anything and you pay anything before you get not expert advice a lawyer specialized in copyright you idly have, otherwise an interlocutory court proceedings threatens with legal costs by far more than 2.000,00. download not a pseudo-modified cease and desist from the Internet. These are often right modified, for the layman is not to determine whether a cease and desist was actually properly modified or just not. In the event that the cease and desist is incorrectly, enormous consequence risks threatening you. Let is help! We have to do every day with the industrial firms and can help you well.