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Category: Litigation

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Overtime

Overtime There is hardly any profession imaginable that does not involve overtime. The question therefore arises as to how overtime is regulated by law, in particular by labor law, and whether the employee can be obligated to work overtime at all. Overview Is there a legal obligation to work overtime? How much may

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  • Published 6 July 2022

Purchase contract

The contract of sale The contract of sale is a contract between a buyer and a seller in which the two parties agree on an object to be sold. It represents the most common sales transaction in the economy and is regulated in Section 433 of the Civil Code (BGB). Overview How does a contract of sale

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  • Published 30 June 2022

Termination for operational reasons

Can I receive severance pay through a settlement? Warning, termination without notice, protection against dismissal, general termination - you've heard it all before somehow. The legal options in Germany are sometimes difficult to understand, even for experienced lawyers. For this reason, we would like to provide you with the following easy-to-understand summary on the topic of termination for operational reasons.

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  • Published 30 June 2022

Splitting tariff

What is the splitting tariff? For spouses with separate assessment (without splitting tariff), the income tax is calculated individually, which can be more favorable in some cases than a joint assessment (with splitting tariff). In the case of joint assessment, the total amount of taxable income of both spouses is treated as for a single taxable person and the tax rate is calculated from this. First of all, the income tax is calculated for half of the income and

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  • Published 29 June 2022

Whistleblowing

What is the threat of whistleblowing? Whistleblowing refers to the reporting of an employer to law enforcement agencies or the public expression of criticism of company conditions. This behavior is a suitable reason for dismissal if false statements are made knowingly and recklessly and the action as a whole is to be classified as disproportionate. Related dictionary articles

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  • Published 29 June 2022

Behavioral termination

What is a termination for conduct-related reasons? If an employee violates duties in the employment relationship through controllable and reproachable behavior, this may justify a termination for conduct-related reasons. The termination must be preceded by a warning, unless a warning is dispensable. Related encyclopedia articles

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  • Published 29 June 2022

Vacation

What happens to the remaining leave after a termination? If the annual leave can no longer be granted in full due to a termination, the employee can have the remaining leave paid out. If the employment relationship ends up to and including June 30, there is a pro rata vacation entitlement corresponding to the period of employment (1/12 of the annual vacation). If leaving in the second half of the year

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  • Published 29 June 2022

Tattoos at work

Dismissal because of a tattoo? In principle, everyone is free to have a tattoo or piercing. If the employer can prove a justified interest that corresponding body art should not be visible during the performance of the work activity, he can, within the scope of his right of direction or contractually, require the covering of tattoos or the removal of

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  • Published 29 June 2022

Social plan

What does the social plan say? The written agreement between the employer and the works council on the compensation or mitigation of economic disadvantages that employees may suffer as a result of operational changes is known as a social plan. A social plan often regulates compensation claims in the event of redundancies. Despite a social plan with a severance payment entitlement, employees can take legal action to protect themselves against dismissal and, if necessary, obtain a higher severance payment.

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  • Published 29 June 2022
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