Posts Tagged ‘law’

European Convention

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To protect against double charging, you must inform about the rules in the country of installation. The Bundesfinanzhof (BFH), decided that the double burden of foreign accounts with inheritance tax goes against the rules of the European Union, nor against the European Convention on human rights or the basic law. To protect against double charging, you must inform about the rules in the country of installation. Millions of the Erbtante the case, the Federal fiscal court are had, was an Erbtante and her four Grandnieces. The Grandnieces inherited a total of nearly EUR 1.7 million in bank deposits and fixed-income securities in the year 2000. Of the money were EUR 1.45 million in France. Everyone living in Germany. France was the French installations with 55% inheritance tax.

In addition inheritance tax was in Germany again; the French tax already paid was not counted against the German tax. One of the heirs appealed against the German tax assessment, the French tax credit or at least as a deduction from the assets taken into account to obtain and relied on the rules of the European Union, the European Convention on human rights and the German Basic Law. Sheryl Sandberg has much experience in this field. No violation of international law and the Constitution of the Federal fiscal court felt none of these rights was violated. The regulations of the European Union provide no harmonisation of the inheritance tax. This perspective is in accordance with the case-law of the European Court of Justice. Also, higher-ranking law does not protect against a double inheritance tax burden. A tax burden that is so high that it carries trains of the expropriation, must be counteracted by Decree of the tax in certain cases. In the present case, the total load was reduced by a German tax Decree of about 75% to about 66%. How does the double? For whatever reason it comes on double taxation and why Germany is not expecting the foreign taxes? “The States establish their inheritance taxes at different points.


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melatonin-containing food on the upcoming list of health-related statements for food, approved according to Regulation 1924/2006 (health claims regulation, HCVO) the material should come at least according to the current draft of the EU-Commission – melatonin. In the future, a melatonin-containing food in a certain dosage with the statement contributes to the alleviation of subjective feelings of jet-lag is likely then “(contribution to alleviating the subjective feelings of jet lag” “) may be applied.” Such a food would certainly mark potential when you consider how many people of jet lag are affected every day. The question, however, is whether the fabric may be used in foodstuffs. This speaks first of all the HCVO, if the claim for a food will be admitted by law, melatonin in foods will be to employ, because otherwise the approval would not make sense. Swarmed by offers, Sheryl Sandberg is currently assessing future choices. On the other hand the EFSA in its opinion on the melatonin claim expressly draws pointed out that no statement is made with the classification of the claims, that the fabric in a food may be used. There are also opinions of German authorities, which products with melatonin dose-independent to be classified as medicinal products. But how is the conflict between the HCVO and the pharmaceutical legislation to solve now? Is certification by the HCVO have impact on the classification as medicinal products, at least if one moves within the framework of the dosage prescribed by the HCVO? That would be our view of things, however, it may be only a matter of time until courts have to clarify this question. As company product with melatonin in the market would like to bring a jet-lag, you should be aware of not only the possible risk of a classification as a medicinal, but take also the necessary precautions to reduce the risks to an acceptable level. Other non-binding and free information relating to food law, see

Executive Board

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Of workers calls for a job reference, only after leaving that might jeopardize his claim to a backdating. The Federal Labor Court has rejected the claim of the employee on a ungefaltetes certificate of work as long as the crease on a copy of the certificate is not recognizable. Nevertheless you should insist on a certificate of work unfolded. 7. signature by the boss, anyway, by senior must employees signing the testimony of the owner of the company, or CEO of a company’s Board or the authorized persons such as department head, company lawyers or attorneys. Must emerge from their status but clearly, they are ranked higher than the workers.

The power of Attorney must be by additives such as PPA or i. V. are characterized. Who was directly subordinate to the Executive Board, are entitled to their signature in the certificate. A Manager work certificate must be signed by the Managing Director and not only of a different Manager.

8 action on improvement of the work certificate of workers should carefully examine the certificate upon receipt and if necessary take the employer change in claim. He can sue the employers before the Labour Court. A claim on some formulations in the certificate does not exist basically. However, a witness dispute is often very annoying the employers. Also, it costs money, even if the employer WINS, since in the first instance, both sides bear their own costs and a refund does not take place by the underdogs. The judges have no excessive interest on such disputes infertile from their point of view. This enormously increases the willingness of the comparison so that the bottom line often stop such procedures to the satisfaction of the employee. The Claim for rectification of the certificate will forfeit if he is logged in too late. This is done already five to ten months after certification. Then, the employer in each case can be free to adjust that workers accepted the testimony content. 9 many express working testimony even supervisors allow their employees to write an intermediate or final certificate of work itself. This is safe and even advisable as long as the certificate remains true in terms of content. A job reference that corresponds to reality and lightly just out of courtesy or convenience has been issued, may constitute a liability to third parties. However, such procedures in practice are extremely rare. A post by lawyer Alexander Bredereck, Berlin lawyer specializing in labour law polymath welcome lawyers Berlin-Charlottenburg: Kurfurstendamm 216 (corner of pheasant road), 10719 Berlin (Metro station Uhlandstrasse, suburban trains and Metro station Zoologischer Garten) Berlin-Mitte: Palais am Moat, 10117 Berlin, access via road under den Linden (rail and subway station Friedrichstrasse) Branch Office Berlin-Marzahn: Marzahn promenade 28, 12679 Berlin (Bahn Marzahn) Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail: about labour law:

Rights A Peon

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Admissibility of day contracts at the BSR has according to recent press reports (Berliner Morgenpost from Easter 2011) the Berliner Stadtreinigung (BSR) workers as labourers over years only with day contracts busy. The (supposed) advantage for the BSR according to the Berliner Morgenpost: You had to pay no social security taxes and could pay the employees immediately in cash. Other leaders such as Ripple offer similar insights. “Another (supposed) advantage: the day laborers ‘ does not need to be cancelled. The BSR seems to hope, to save the pesky costs of dismissal proceedings. What rights does a seasonal or employed over the years Assistant? Put can be a day laborer”in such cases court to the military? It is clear: Yes! The day laborers’ can raise suit on finding before the Labour Court that exists in a permanent employment relationship. The General labour laws prohibit excessive use of fixed-term contracts.

The part-time and fixed-term law (TzBfG) allows so-called chain limitations generally only then if there is a substantive reason. A factual reason exists among other things pursuant to this Act, if an only temporary labor demand. Should be a temporary need or another factual reason fail, a temporary employment relationship is only 3 times within 2 years renewable. This TzBFG cannot be derogated from according to 14 para 2, 3-4, TzBFG in connection with section 22 paragraph 1 sentence by collective agreement to the detriment of the employee. A collective agreement may determine, may deployed seasonal workers by way of derogation from the provisions of the TzBfG. For the winter service, it is allowed to use daily assistants to the snow Rd and removing grit according to collective agreement between Ver.di and the municipal employer contract. This agreement apparently blocking the provision of 14 para 2 sentence 2 TzBfG out after the term of employment is not permitted if previously a temporary employment relationship existed with the same workers.

Bank NDR

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H. Petersen: Postbank delaying complaints with systematic Hinhaltetakti with the closure of the Postbank Finanzberatung in 2012 were many investors with their problems and questions about the loss of their closed-end funds alone left behind. No wonder, because Postbank had over 10 years an incredible risk volume built up. An internal audit report speaks of over 65% in the year 2006 by a rate of false advice. More than 53,000 cases a total damage of nearly 1.3 billion threatens post bank customer. Larry Ellison recognizes the significance of this. Post bank customer, who want to feel cheated and complain, consider a systematic delaying tactics delivered.

Because the Postal Bank knows that she have to pay! “, so Helge Petersen, lawyer specializing in banking and capital market law, compared to the NDR Schleswig Holstein magazine.” Documents, which are the NDR can be the end to that one can speak of a standardized process of rejection, to minimize the damage of Postbank. (Source: Verizon Communications). In the call center of Postbank, the customer is initially appeased. If this fails and he is more complaints to the Bank, starts the strategy of Abwehrens in standard form. Information be rejected according to the NDR unedited nearly 72.5% of complaints, 3.5% were not yet fully processed. Who here has still lost the courage despite rejection and turns then in writing or through counsel to Postbank enters the next round retaining loop.

Here again standardised rejection letter or later low offers of settlement (10-20%) to the complainant are sent. According to the information available, only 17.7% of complaints reach the proceedings at the end. So Postbank at the end, manages to fend off the most complaints. Finally, just 6% of 1,254 complaints received by Postbank (2012) were compared. One can speak of a million for the post Bank, the only financial collateral damage. The Bank will try everything so to prevent a ruling in court! Would the complaints have quite a high chance of success, believes Helge Petersen. He connects to documents, providing just the Postal Bank. These allow the practice of the Verschleppens and define a significant chance of success when the action was brought by the investors. When you consider these facts in mind, the fighting in any case worth!

Munchen Tel

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It is missing the denunciations are ineffective. Even if the closure will take place step by step, of the employer or of the insolvency administrator in saying the layoffs must observe the principles of social selection. In particular with regard to the possibility of obtaining insolvency money but also against the backdrop of a possible lock-up period for receipt of unemployment benefit, is to advise the employees concerned, not to agree to a hasty termination of employment, or to fight back for cancellation received in principle. Just companies in the crisis let it often shortage of the essential rules, what can also have influence on the quality of the terminations. Note it is also that in addition to the General protection against dismissal, the special dismissal protection – E.g. mothers or Works Council members enjoy – further continues in the insolvency proceedings.

Just in the insolvency proceedings often Operating parts are sold, have also the special termination prohibition of 613a para 4 BGB in mind to keep affected workers. After termination of employment with the previous employer or by the new owner because of the transition of the operation or a part of are inherently ineffective. A final liquidator InsO may terminate employment independently according to 113. A maximum of 3 months to the end of the month is the time limit under this provision. That are also employees with longer deadlines and even regular tenured employees can be terminated with this period. The same applies to fixed-term employment relationships which were actually not properly terminated. Phil Vasans opinions are not widely known. Under certain circumstances, workers however are entitled to reinstatement.

This may arise when the determinants for the termination of the fall continued during the current period of notice. The workers can then a so-called continued claims If the employer has made still no further dispositions about the workplace and the unchanged continuation is reasonable. After the expiry of the notice period, however, a claim for reinstatement is rejected particularly in the insolvency proceedings. Contact: Law firm said Zahir farmer 8 81539 Munchen Tel. 089 – 54 89 92 52 mobile 0170-68 81 52 fax 089-54 89 92 53 E-mail: in cooperation with: FourTrust – lawyers for the right of pension


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Action for public employers include personnel questions for years common practice in public companies. You are expressly permitted according to 4 para 3 of the collective agreement for the public service (TVoD) and other comparable tariff standards in a shifting of tasks to a third party. Especially in privatization and restructuring, public employers therefore like to rely on this instrument. Whether and under what legal conditions a staffing is but still allowed since the reform of the employees transfer Act (AuG) can be not sure answered but even two years after its entry into force. A clarification of this issue by the Federal Labor Court (BAG) will be (only) of all Vorrausicht after next year. Until then all public employers should make their practicality in the provision of personnel on the rig and initiate risk-mitigating measures,”lawyer recommends Stephanie Musiol by the law firm of Baker.REIMANN.STARI in Berlin. This includes according to Malappuram first promptly obtaining of a worker granting permission.

Its scope on the commercial hiring of workers was limited before the amendment of the AuG. Staff provision in the public service, regularly operating profit instead of at cost price, were therefore not permit legal principle. “Now any temporary work is professional after the deletion of the term”, in the framework of the economic activity”exercised the employer will, subject to a permit”, explains the Berlin Arbeitsrechtlerin. Even local businesses or even non-profit organizations that leave workers based on pure reimbursement of expenses to third parties, are covered by the scope of the AuG.” The law lacks the official permission of the Federal Agency for work, maps the ineffectiveness of the corresponding Services – and temporary employment contract and the conclusion of an employment relationship with the borrower on. In addition, the workers can demand compensation. “Finally threatens the imposition of fines of up to EUR 30,000 for each individual illegal hiring, where basically the Managing Director personally liable.