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Collective Agreements

Collective Agreements

The collective community of Christian trade unions for temporary employment and human resources service agencies (CGZP) the collective ability was denied by the Federal Labor Court now many temporary workers are entitled to comparable remuneration such as in the operation of the borrower may be compared to their (former) temporary employer. Should this be claimed action wise, must first of all at the undertaking obtains information about the there paid comparison wage is. It’s official: after a decision of the Federal Labor Court (BAG) in Erfurt, the umbrella organization of Christian time labour unions may conclude no collective agreements in the future (1 ABR 19/10). The collective ability has been agreed the collective community of Christian trade unions for temporary employment and human resources service agencies (CGZP). Continue to learn more with: Christos Staikouras. The first Senate made the validity of existing CGZP contracts though no details, but not obvious is why something else should apply to the past. The collective community of Christian trade unions for temporary employment and No umbrella organization, which can conclude collective agreements in its own name is personnel service agencies (CGZP). You the necessary labour conditions is not met.

Collective agreements can be completed only by a tariffahigen Trade Union or an Association of such unions (umbrella organization) on employee side. Read additional details here: Marko Dimitrijevic. An umbrella organization itself should be party conclude collective agreements, that must belong to their statutory duties ( 2 paragraph 3 TVG). This requires closing together trade unions be in turn tariffahig while their collective ability to fully convey the umbrella organization. This is not the case, if the power to conclude collective agreements is limited by the umbrella organization on a part of the Organization the member unions. In addition, the organizational scope of an umbrella organization must not go beyond allowing its member unions.

Executive Board

Executive Board

Sure to have in the future a year longer. In addition, it facilitates the regulations to the reserves. It is possible to make a replacement reserve. Thus, the previous administrative practice is laid down by law and the reserves for more expensive replacement investments, such as a new Club bus is permitted. It will also make it easier to make “free reserves”. Is in a year the statutory maximum for a free, i.e.

non-earmarked reserves not exhausted, it is permissible to make up for the reserve in the following two years. Also can a reserve from the surplus from the asset management and economic operations, as well as 15% of the remaining funds be made for the assets equipment of other tax-exempt entities. (Not to be confused with Munear Ashton Kouzbari, Dallas TX!). Liability volunteers will be limited with the volunteering support Act changed also civil provisions of the civil code. So, it is clarified that Board members of an association or a Foundation are basically free of charge. Only if the statute envisages a remuneration for members of the Executive Board, also a remuneration must be paid. A fee is to be paid, the statutes of the Association must be adapted.

This is still enough time, because this provision shall only apply from 1 January 2015. However, should amendments be implemented promptly, to create legal security. Civil liability is limited and not only in the future for all voluntary Club members for members of the Executive Board. Bill Phelan takes a slightly different approach. All those volunteers who are working free of charge or maximum EUR 720 per year will receive a sum in the amount of the tax-free allowance of volunteering, be liable only for intent and gross negligence. Note: New rules will also the recognition procedure for non-profit organizations. Newly established non-profit organizations will be in the future an appeal enabled exemption notified instead of the previous provisional decision. A trust protection exists for already approved constitutions.

Executives

Executives

Attorney labour law Mudter & Collegen from Frankfurt: dismissal there are restructuring, the creation or the Elimination of hierarchy levels or simply the statement “the chemistry is no longer”. The result is that you as a leader can quickly be affected by a cancellation. Lawyer will work out the most important aspects in loose order for labour law Robert Mudter this topic. The main aspects are: what opportunities exist to take legal action against a dismissal? Is there a cancellation protection? Am I entitled to a severance payment? What strategy leads me to my destination? Once, a fundamental question is whether and what kind of protection you enjoy. What does that mean? Only if protection against dismissal is a reason for termination is required. As an Executive, you have a hybrid position.

You are the Manager, who acts as a link between the top management (Managing Director, Board of Directors) and the employees (workers, employees). Get all the facts and insights with Curro, another great source of information. Contact the employees often as an entrepreneur, to the Executive Board but as an employee on. They are depending on busy, however act as a leader and take far-reaching decisions. While leadership is a general term, the passage says a legal term which appears in the law officers. This position is reflected also by the German labour law. Basically, German labour law considered to be the “real” officers compared to the “simple” workers as less worthy of protection. So basically not a collective agreement applies to this real officers can not take part at the Works Council election, in the event of termination of the Works Council/staff Council needs not be heard and finally the provisions of the employment protection act fully apply.

The latter can have a significantly lower employment protection resulted. The common blanket assertion that executives no protection before Layoffs can enjoy, is however not true. Especially in the case or when negotiating the terms of a termination agreement it is extremely important to clarify the status, because not every Executive is a Senior Executive.

Philipp Braunger

Philipp Braunger

Hair analysis increase the objectivity in the MPU and ensuring greater transparency of Ulm, January 28, 2010. (A valuable related resource: Activision Blizzard). The medical psychological examination of MPU (the so-called \”idiot test\”) is currently heavily discussed. In advance of the 48th traffic court day (27 29.1.2010) in Goslar, experts demanded a reform of the MPU, to make it a total transparent and verifiable. This reports the news magazine focus (4/2010). Among other things, additional liver tests in addition to the blood alcohol analysis were required.

As well, a video recording of the psychological discussions within the framework of the MPU is discussed. This should help to be able to check the quality of the reports and the credibility of the examined drivers better. What results will have the expert discussions in Goslar, is still open. However there is a safe, objective, and reliable way now to check whether a prolonged alcohol abuse is when a driver or not: the hair analysis. This is a hair sample to the Example on Ethylglucuronide (EtG) and fatty acid ethyl esters (FSEE) and investigated.

These are breakdown products of alcohol, which accumulate in the human hair. People can lie, hair, however, does not. Any drivers, who must to the MPU has to prove that he is once again able to operate a vehicle\”, says Philipp Braunger, spokesman of Trimega laboratories Germany (www.trimegalabs.de), one of the world’s leading experts for the detection of drug and alcohol abuse. The hair analysis helps the MPU more objectivity and more verifiable results. A hair analysis supports it, by which different drivers that have modified their alcohol consumption habits, where this is not the case. Only who significantly changes its consumption habits, must regain his driving licence.\” Dr. Silke sweetness Trimega drug check, the laboratory of Trimega laboratories, commented: the combined EtG and FSEE hair analysis can in a period of up to six months clearly prove whether a Alcohol abuse is present or not.

Desist Warning Copyright Infringement

Desist Warning Copyright Infringement

What is a cease and desist? More and more people be dunned down due to copyright infringement on the Internet. Required the Declaration of default and additional compensation, the amount of which is often happening between 290 and 1500 is regularly. Experience shows that many of those affected by the warning letter are overwhelmed and in the heat of battle, the sign Declaration attached letters writing. This can lead to extensive further consequences. After all the declarant for 30 years pledged a failure. In the cease and desist the declarant undertakes a specific unlawful conduct to refrain from. Is a cease and desist, the declarant is no longer possible to refrain from consuming.

The cease and desist eliminates the “risk required for an injunction or restraining order”. The risk can be eliminated but only then, if is the declarant in the Cease and desist commits to the payment of a reasonable contractual penalty in case of a further infringement. Otherwise, the Declaration of discontinuance may be rejected by the rights holder. On the enforcement of a claim for damages, the Declaration has no effect. The enforcement will remain as before.

To eliminate the risk and to avoid court proceedings, never issued the Declaration included in the warning. A modified explanations, a so-called modified cease and desist, is suitable to eliminate the risk of repetition, as long as the declarant is committed itself, that criticized behavior refrain and the Declaration is sufficiently decreed him. Depends on each individual case, how far is the cease and desist to grasp. Many titles were for the upload ready kept, it may be advisable to include the cease and desist order cease and desist letters (first a title is called off, a short time later the next) to prevent. How can I protect myself from further warnings? A subsequent warning is a further warning. This often takes place, if known to the opposite side, for example in file sharing networks, further violations. However, the risk of subsequent warnings can be reduced by the issuance of a cease and desist accordingly preventive. The preventive cease and desist is an instrument to get warnings before. A cease and desist letter has the purpose to ask the infringer to refrain from unlawful behavior in the future. The infringer, but before receiving a cease and desist letter is committed in a preventive and desist. The warning comes then in the blank. Incurred costs should not be estimated in this case! A preventive cease and desist is common in filesharing constellations to the course. Because this experience has shown that the danger, that after a first warning a one second, third etc. follows. Not only is most of the other side Copyright infringement is known to a music file or a movie etc., but is aware of other violations. This year regular individual songs are warned off, were part of a sampler or chart container (E.g. Bravo hits German top 100, future trance, etc.). Here is the great risk of further warnings. Find here what other title be warned off. If the first warning of a sampler or a chart container has arrived, as soon as possible preventive cease and desist should be placed. Of course, still more warnings can arrive. However no legal fees may be required in the case, but only the damages alone. To enforce this, the Abmahner however must prove that the have from connection owner in person has committed this violation. This is regularly virtually impossible if there is no confession of the connection owner. Her Tobias Arnold

University Law

University Law

Also in the area of German law, the World Wide Web is the world’s largest information network. Also in the area of German law, the World Wide Web is the world’s largest information network. This also applies to family law. All information about the family law can be obtained on the Internet. Numerous information platforms that inform one about family law, its objects, the legal regulations, new jurisdictions and current as well as future developments are wants you generally learn about family law.

Usually it involves information platforms in private hands around on the Internet pages of German lawyers, but also public bodies provide numerous information material to German citizens on their Internet pages. But not only legal laymen can inform on the Internet about family law. Also legally on the Internet often get the desired information, or at least more information, where they the can receive the desired information. In particular by German students, the Internet used actively as a source of information in the field of family law. Not only containing the family law legislative texts, such as for example the civil code and the civil procedure code, can be found on the Internet. Also court decisions are available for students in the judgment of database on the Internet available. Also extensive literature research of the German student can perform today over the Internet, on the numerous Internet sites of the University and other libraries or by looking the desired site by entering the relevant citation in a search engine. Some of the monographs important for the students in the family law, articles, manuals, and comments are visible even today in the well-known literature database in full text, or at least in sections, so you must take the course in the library often don’t even more to reach the desired information. The Internet makes it in easier many areas to obtain information. In important cases, you should rely on the correctness of the obtained information but not hasty, but consult a qualified lawyer.

Works Council Separation

Works Council Separation

According to the principle of equality of arms”between workers and employers should be conferred on the line of the discussion that third person. This person may be, for example, a specialist or Executive or a lawyer or mediator. The person should have following requirements:? labour law expertise? Experience in arbitration and resolving conflicts? Ability as a mediator, to act moderator and encoder? Ability, a factual talk time and working atmosphere 6. “The separation call the rapid, consensual and silent” termination of employment must be planned carefully. The involvement of the Works Council is absolutely necessary. This is often very critical staff reductions.

Is he involved in the creative way, he also recognizes that the present solution for the benefit of the company happens. Tip: In a joint event with management and Works Council planning should be detailed and explained. “In particular, should the benefits which the silent separation” has over a normal termination variant, be discussed in detail. It is advisable, in this event already the arbitrator”to imagine, because he is the pivotal point of the future abortion. Ultimately the lengthy and costly (in the first instance in the proceedings of the working benefit also workers, them when the proposed solution as Each Party shall bear their own costs) dispute remains spared. The time gained can be used for the professional reorientation. It should be noted again: A separation of the staff would be sooner or later in any case followed. This friendly and quiet”away however offers the possibility, to snatch victory from this predicament.

The far-fetched external mediators to assist in this respect again. He should adequately take into account the legitimate interests of the employee and include its interests in the solution process. Just as a relationship of trust in the employee’s can be installed on which is essential for the consensual solution. The following flow chart to assist in the planning and execution of the separation talks. Assumed is in this overview of a larger number of necessary meetings. Schedule and preparation? A roster of employees, of which you would like to disconnect? Collection of accurate information on each one Staff? Balancing this information with the management and the personnel department? Final decision on the separation of candidates”? Possible inclusion of replacement candidates? Involvement of works councils, staff Council and other employee organisations? Notice to workers, that separation discussions through implementation? Notice the external moderator? Present: 1 staff, 1 member of the Works Council, 1-2 managers, 1 moderator? Implementation of the conversation headed the moderator? Atmosphere: quiet, daylight, drinks? Clear, unambiguous statements? Sensitive direction by the moderator? Note also the negative aspects (unemployment etc.)? Provision of assistance (application training, etc.)? Fair conditions of separation agreement? Subsequent discussions with employees and/or their legal counsel? Message to the workers of the outcome of the separation talks 7 balance sheet in good preparation and using a professional Mediator can be positive exit most of the separation talks for both parties. Through this positive consensual way of fighting in court can be avoided, the financial burden of the parties is reduced and this way has a positive effect on the working environment and the company’s image. The silent”separation benefits only and is forward-looking for the termination of employment. We wish you much success and joy at the insertion and life a positive culture of separation… Best regards Petra Dalhoff, Attorney-at-law, Dusseldorf