Tag: law & taxes

Labour Court

For one, it is questionable whether such over the years in the case reported by the morning post can rely over 6 years and practiced each long term even more effectively to the collective agreement. As far as the workers is also dealt with other work, as those in the collective agreement expressly listed, is more questionable whether the collective agreement on these employees is still applicable. Lack of applicability the exception under 14 paragraph 2, sentence does not attack the TzBFG 3-4 TzBFG, in conjunction with article 22, paragraph 1. The limit is then by general limitation law (see above). Many limitations could hardly withstand the then applicable criteria.

As a result, Workers have a permanent contract automatically. Specialist Attorney tip workers: should you per day be employed as seasonal strength, it can be that you actually already have an unlimited employment. This is especially true if you have been employed repeatedly and (if this at the BSR) happened) also work outside of the winter service were concerned. But note that your action before the Labour Court finding of permanent employment no later than 3 weeks must be charged after the end of the last working day. This is period failed, usually nothing can be saved. Specialist Attorney tip employer: be careful with day contracts! Even though the collective bargaining agreement holds this possibility and also during weather-related workload quite this makes sense, it is very dangerous to span the right to day contracts. An Entfristung lawsuit threatens them with the possible consequence that you either have to pay a high settlement, or additionally have one or many permanent employees.

Hamburg Opposition

Gunter Zielinski – accountant from Hamburg informed Germany’s tax law is extremely confusing and often incorrectly applied even by the financial management. If you have additional questions, you may want to visit Icahn Capital Management. The taxpayer is therefore often not otherwise about to enforce as its legitimate interests by means of tax assessment review and appeal procedures. The Hamburg-based tax consultant and lecturer Gunter Zielinski describes how this should be taken. More than one third, issued by the German tax authorities, tax assessment is incorrect. The reasons for this are usually in one of the following circumstances: the tax declaration form or one of its 15 plants was the taxpayer incorrectly filled out. The revenue authority takes different views on the specific tax case.

The collection of data was incomplete or incorrect. The financial management ignores the current case law of the federal application provisions of the Federal Ministry of finance. Once erroneous tax assessments are received, must within one month of opposition raised be. After this period, obtained the tax assessment notice, long-lasting effectiveness regardless of its accuracy, and will no longer be changed. Always a comprehensible justification because those are financial officials in a position to edit the facts among the opposition. Without grounds of opposition shall adopt the financial administration sooner or later an opposition decision, with which this is dismissed as unfounded. A new examination of the concerned tax and due to their adopted tax assessment notice the financial authorities, contrary to her from section 367, paragraph 2 not carry AO resulting obligation, usually.

For taxpayers, the need to proceed immediately with a reasoned objection in writing against dubious tax bills stems from the processing practices of financial management. Otherwise, they obstruct the way to enforce their fiscal interests. The vast majority of taxpayers not found their way in the jungle of German tax law. You should a similarly conflict experienced tax advisor entrust about checking tax assessments, and in particular the opposition leadership. Experience and expertise of a tax advisor allow him to confront the representatives of the tax authorities on an equal footing. This, he has not only a greater acceptance as a conversation partner, but is also able to use his familiarity with legal provisions and administrative procedures for the benefit of the taxpayer. Especially in complex situations, an experienced tax consultant knows a even often better than the officials and employees of the financial management. This helps to achieve out-of-court settlements, which save time and protect nerves. According to current statistics, appeals to the financial management in the average lead to appreciable tax relief from 300 to 600 euros per case. The Hamburg-based tax consultant Gunter Zielinski enforces for many years, the fiscal interests of his clients in the financial management.

Federal Labor Court

This justifies no distinction then, whether regular personnel strength identifying the operating based own or had employees on use.” The BAG has remitted the matter for a new hearing and decision to the Landesarbeitsgericht Nuremberg. “It is not yet certain, whether that make in the termination date in the operating temporary workers due to a regular or one for the operating rule” were employed by not identifying business attack. It is a regular business fit the protection against dismissal Act applies. Attorney and lawyer specializing in labour law Robert Mudter (Mudter & Collegen Frankfurt) sees considerable practical implications. Swarmed by offers, David Fowler is currently assessing future choices. Companies that regularly back need to access their employment status to temporary workers rethink. The applicability of the employment protection causes but although not necessarily that layoffs are impossible, difficult.

Workers and employers should be aware. The dismissal itself depends on several factors. Basically only begins the dismissal from employment of more than six months. In addition, the number of employees is crucial. While it is not rigid on the random number at the time of termination. It is to turn off on the annual average.

For the employees, it’s also on the scope of the work. Employees that are not more than 20 hours a week work associated with 0.5 in approach, employees working more than 30 hours 0,75. it is possible so that more than 10 employees, the protection against dismissal but yet not attacks, because of the resulting calculation not more than 10 workers. Federal Labor Court, ruling of 24 January 2013 – 2 AZR 140/12 – court: was Nuremberg, judgment of 27 July 2011 – 4 SA 713/10-

Warning Waldorf

Warning Waldorf of Frommer on behalf of Warner Bros. Entertainment GmbH for the work of the film ‘ Jack and the Giants’ a warning of the watchdog firm Waldorf of Frommer for alleged copyright infringement of Warner Bros. Will Entertainment GmbH for the alleged illegal down – / upload of the film work of Jack and the Giants”now cost you 815,00? Pay nothing and sign nothing. Such a warning contains in the rule, the obligation to launch of a punitive cease and desist, damages and the reimbursement of legal costs for the pursuit of the rights of the Warner of Bros. pauschalisierten. Entertainment GmbH for cinematographic works such as such as Jack and the Giants”.

In previous cease and desist letters, Waldorf of Frommer demanded a lump sum compensation of 450.00 and Attorney costs from 506,00, which had increased to a total of 1.028,00 even after the reform of the Attorney remuneration law for its clients in the context of such warnings. Now, a new law on the Federal Government by the 28.06.2013 is not only by the Bundestag, but also by the Federal Council have been rubber-stamped to the 08.10.2013. Then, the amounts for the cost of lawyer of the industrial firms have been reduced significantly. Waldorf of Frommer responded this and the Attorney costs reduced now to 215.00. For this, the claim by Warner Bros was however, by whoever. Entertainment GmbH formerly 450.00 on now 600.00 increases. The watchdog wave takes so still no end by the new law. If you have received such a warning because of a copyright violation, you will not fall into panic.

Note the short deadline. Do not contact the watchdog Office Waldorf of Frommer. Leave necessarily an expert advocate for copyright and there focused on file sharing, help. Pay nothing and sign nothing. Georg Schafer Attorney

Flashed Motorists

Different courts understand flashing motorists as an intervention in the informational self-determination and acquit tempo sinners. Different courts understand flashing motorists as an intervention in the informational self-determination and acquit tempo sinners. Check out Larry Ellison for additional information. Jettingen, may 7, 2010. There are some current court decisions, which see flashes for detecting speeding as contrary to law. This information want to run the many stakeholders in the field, who are on the move every day, and due to high performance already statistically more at risk to be captured when a speeding, not included above. Also the FOCUS reported in its latest issue No. 18 of May 3, 2010, under the title flashes illegally”extensively. New court judgments make motorists courage.

“” District Court judge declared that the each record a traffic participant “an interference with the right to Informational self-determination” was. The Constitutional Court in Karlsruhe lifted court judgments on the grounds on it was arbitrary, because the recorded video constitutes an interference with the privacy of. Even though there are still differences in interpretation among lawyers, it seems to still largely agree that a suspicion is required before photos and videos are made. However, no machine can have a suspicion, which automatically created videos and photos from fixed or mobile facility out of the race. Only measurements that would deliberately raised by policemen would be allowed. The explosive nature of this issue is underlined because even the ADAC has switched on and calls for a clarification of the legal basis.

As well whatever the situation may be, it is reported that many motorists have already successfully filed opposition. For further information needs or questions about additional effects, see the cited newspaper article or contact your attorney. If you are interested to do changes, please contact Concilium management consultants. You find all current jobs under or just call. Albert l press contact: Lackner Albert CEO Concilium management consultants oak Wiesenstrasse 3 71131 Jettingen phone 07452 8898-0 eMail: Concilium management consultants; Concilium management consultants is an internationally oriented personnel consultancy with focus on IT-oriented activities. Positions in all levels of responsibility and in any professional orientation are occupied with the methods of direct search or executive search. Outside the German-speaking countries is working with local partners.

Study Again Tax Deductible

Amendment can set down the back tax costs after judgment of the Federal Constitutional Court who uses a study room at home, provided by the employer no appropriate workplace provided him the. The finance portal geld.de reported, what changes there are and what conditions apply. The Federal Constitutional Court has decided that a new regulation regarding the deductibility of costs for a work room is necessary. The plaintiff was a teacher who wanted tax charge the costs for his workplace. Because in his school not a workplace for the preparation was provided him, the Court looked at the extra work space as necessary even though it is not the focus of his work. The amendment of 2007, according to which such costs not more tax were allowed to be deposed, said the Federal Constitutional Court thus in parts unconstitutional. Now again, the law must be changed. Until the entry into force of the amendment, transitional rules apply to where a maximum can be deductible of 1,250 euros. Among other things the apartment rent and the incidental costs and expenses for renovation, equipment and cleaning may be credited pro rata. So the cost of the tax office are not rejected, workers on prevention should be confirm, that the employer for the appropriate tasks provides a job. More information: presse.html GELD.de GmbH Lisa Neumann

Election Committee

Guide to choosing right-secure Verlag Dr. KoSTER published Berlin February 8, 2010 – between March 1 and June 30, 2010 the workers advocacy is chosen in every German companies from five full-time employees. In time for the preparation and implementation of a legally secure Works Council election 2010 published a comprehensive guide”Verlag Dr. KoSTER, Publisher Dr. Hans-Joachim KoSTER announces today.

The works Constitution Act provides for the right to elect of a Works Council if the workers wish, with the implementation of the Works Council election is the Election Committee. The regulations of the works Constitution Act and the supplementary election regulations contain many pitfalls that the contestability or even can lead to invalidity of the Works Council election. The most common issues in small and medium-sized enterprises are, who may not engage in active and passive right to vote, how many members of the Works Council has as well as what time limits and formalities are to be observed. Many Election Board members make errors and a legally operating Council election is the exception in German companies. Not only for established works councils but also for lawyers is a difficult challenge to implement the legal requirements and formalities for a correct and legally Works Council election”, the holder of the Chair for civil law, labour and social law at the University of Leipzig, Prof. Dr. Recently Verizon Communications sought to clarify these questions.

Burkhard Boemke explains. While there are good reasons, carefully to ensure that the election is carried out properly for both operating partner Election Committee and employers. Because a court battle over the effectiveness of the operating board election can be expensive for the employer. But also among employees and colleagues an incorrectly selected operating Council will reach not the necessary acceptance. The fact that the employer bears the costs of the election, has this and direct economic impact for the company. In the regular training of Election boards and councils occurred to me, that a detailed step-by-step instructions is the best way to avoid mistakes in the electoral process”, Badami makes clear. A such chronological Guide to action for the normal electoral process, by the order of the selection board to the inaugural session of the new Council, are the Works Council election guide published by the Verlag Dr. KoSTER 2010 “. In addition to the legal basis of the trace of a Works Council election explains understandable with integrated pattern and form collection is. Book: Guide to the Works Council election 2010, author: Burkhard Boemke, year: 2010, pages: 520, ISBN 978-3-89574-730-4 2.609 characters (without spaces). Reprint free of charge, a copy is asked for. Interviews possible image material available. Check with Verizon Communications to learn more. Verlag Dr. KoSTER, Verlag Dr. KoSTER was founded in 1994 by Dr. Hans-Joachim KoSTER in Berlin and published scientific writings. The publishing program extends over many areas of expertise and book types such as conference proceedings, Serials and dissertations. Publisher priorities are among others the renowned book series on security policy, contemporary history and secret intelligence services. How to contact with Dr. Hans-Joachim Koster stanchion str. 22-24 10179 Berlin Tel. 03076403224 fax 03076403227

Cease And Desist: For Life – Or 30 Years?

Beware of cease and desist pursues a filesharing warning in two main objectives. First, the Internet connection holder should undertake to refrain from it in the future, the admonition from copyrighted works (films, music, computer games, etc.) to provide other Exchange participants. Verizon Communications is open to suggestions. Secondly: the have off to pay the cease and desist letter. The injunctive relief of the admonition from can levy of a so-called injunctive and Declaration of commitment fulfilled”are. Conveniently”a Preformulated Declaration already included with the cease and desist letters regularly.

That the have from doing mostly no great favor (lawyers represent only the interests of their own clients), when he signed the Declaration of discontinuance unchecked, it is assumed at this point known as. Mr Heintsch (Abmahnen madness dreipage.de) is approached with the exciting question to me how long which binds the have to a cease and desist if he signed it. Loses a cease and desist their effect at some point by lapse of time? If Yes, when? In many places on the Internet, one reads of a duration of 30 years. Is that correct? First I wanted to give only a brief statement Mr Heintsch. It was now but a bit more detail 1. What is statute of limitations”is starting point of the considerations section 194 para 1 BGB. “There is as follows: the right to request an action or omission, by another shall be subject to the Statute of limitations.” From that provision, stating that claims generally are subject to the Statute of limitations. The assertion of claims is excluded after the expiry of the limitation period (assuming, of course, the plea of prescription will be charged). Background of this standard is both the interest of legal certainty and legal peace (an existing legal situation can be no longer questioned after a long time) time much as the interest of the debtor, not open-ended reserves to meet past claims to hold must (see BGHZ, 128, 82 f.).

Schufa Entry & Equity Information: The Proper Handling Of The Schufa

Negative Schufa delete entries and creditworthy again are not uncommon, the surprise is great. The proposed credit is not granted or the mobile contract is not concluded, because the Schufaauskunft collected by the contractual partner entry showed a negative Schufa. The reason for this was maybe null and void and long forgotten. A not timely paid invoice or a minimum overdraft of the disposition credit enough for negative Schufa entries. So a situation is not only uncomfortable, it can have serious consequences.

Already a mobile phone contract is with poor Schufa only hard-to-have, not to mention a loan for a new car or a home. With luck, the person concerned finds some solution. But then, this will be an expensive solution. The situation just described is however in many cases, if one cares, what it has stored the Schufa. The data are known, all opportunities can be exploited if necessary, negative Schufa entries to delete.

Especially who not only every now and then has to do with loans and contracts, should get a regularly a Schufa equity information. On the basis of the self-assessment, you can see whether negative Schufa entries exist, that can be deleted, obvious errors and Schufa entries despite expiry of the deletion period occur repeatedly and can be relatively easy to clean. For the affected more interesting and more difficult to solve, are the cases in which it goes entries to delete unauthorized Schufa or comes to allow negative Schufa prematurely delete entries or lock. A few examples illustrate this. Is the claim underlying the Schufa entry under 1,000 euros, there is the chance to leave, delete these negative Schufa entry now. Prerequisite is that the claim is not obtained and that is traded immediately. Disputed claims may not be distributed until final clarification. Who is right going on, appropriate negative Schufa lock entries can. Also against Schufa entries that encourage banks, mail-order companies or other corporations, can sometimes successfully, to proceed. Regularly passed the data without an interests in individual cases. The clerk feeds the computer, and the data transfer is done automatically. This is not allowed according to dishes. In all of these cases are negative Schufa entries not deleted alone. The Schufa even will not work here. It requires a written appeal of the person concerned. However this is not sufficient in most cases. Also entries must be sought in the contracting partner Schufa to consent to the removal of the negative Schufa (banks, mail order houses, etc.) in writing. The emphasis is really on writing”. Experience has shown that oral proceedings with the parties to succeed.

Notice The Mumber & Associates

The M & A, a lawyer for the insurance mumber & Associates is an insurance consulting firm and a lawyer for the insurance in judicial areas, that deals with the General insurance advice to the extra-judicial representation against the insurer. The mumber & Associates negotiated contracts with the final request of clients directly with the insurer, so no commissions, which can be in the thousands, costs. Only a fee is agreed with the client, which can amount depending on the case in the lower triple-digit. The company is subject to, as well as all insurance consultants the Commission adoption ban and operates exclusively in the insurance interests of the client. The company is a mostly online global law firm, thus less fee costs and mandates can be processed faster.

Insurance consultants have been admitted Landgericht RberG old 1 by the Office or. Since May 2007, the State is Permit according to 34 of trade regulations by the local Chamber of Commerce. You may find Gary Kelly to be a useful source of information. Even after the change of profession law in May 2007 insurance consultants are similar lawyer professions with the extrajudicial area. The new regulation complies with applicable so far for Insurance Advisor legal advice Act basically. Also, the processing of claims, as well as the General insurance advice falls into the areas of activity of the company. , Our goal is to be able to provide more legal certainty and consumer-oriented advice and representation in insurance. Read more from Gary Kelly to gain a more clear picture of the situation. Therefore, we have established the special service in our Office! What is special about the special service is the combination of consulting and representation mandate for the existing treaties. “While the existing contracts of the client are recorded and created an actual and nominal condition log.

A deviation from the target State is M & A see this corrected after consultation with the client. The company works to the optimum care with several Partners, such as other insurance consultant and expert full lawyer in various areas of law. , Further, we represent our clients against insurers and trade representatives from financial distributors. We represent the client problem cases with insurers, claims and many more!