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Category: Litigation

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Overtime

Overtime It is hard to imagine a job that does not involve overtime. The question therefore arises as to how overtime is regulated by law, in particular by employment law, and whether employees can be obliged to work overtime at all. Overview Is there a legal obligation to work overtime? How much ...
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Purchase contract

The purchase contract The purchase contract is a contract between the buyer and seller in which the two parties agree on an item to be sold. It is the most common sales transaction in the economy and is regulated in Section 433 of the German Civil Code (BGB). Overview How does a sales contract ...
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Termination for operational reasons

Can I receive a severance payment through a settlement? Warning letters, dismissal without notice, protection against dismissal, general dismissal - you've heard it all before. The legal options in Germany are sometimes difficult to understand, even for experienced lawyers. That's why we would like to provide you with an easy-to-understand summary on the subject of dismissal for operational reasons ...
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Splitting tariff

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

What is the threat of whistleblowing? Whistleblowing refers to the reporting of an employer to law enforcement authorities or the public expression of criticism of company conditions. This behavior is a suitable reason for dismissal if false information is knowingly and recklessly provided and the action as a whole is considered disproportionate. Related lexicon articles ...
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Behavioral termination

What is dismissal for conduct-related reasons? If an employee breaches obligations in the employment relationship through controllable and reproachable behavior, this can justify a dismissal for conduct-related reasons. The dismissal must be preceded by a warning, unless a warning is unnecessary. Related lexicon articles ...
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Vacation

What happens to the remaining leave after termination? If the annual leave can no longer be granted in full due to 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 leave). If the employee leaves in the second half of the year ...
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Tattoos at work

Dismissal because of a tattoo? In principle, anyone is free to have a tattoo or piercing. If the employer can demonstrate a legitimate interest in ensuring that such body art should not be visible when carrying out work activities, it can, within the scope of its right to issue instructions or by contract, require tattoos to be covered or ...
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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 called a social plan. A social plan often regulates severance pay claims in the event of redundancies. Despite a social plan with a severance payment claim, employees can file an action for protection against dismissal and thus possibly receive a higher ...
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