Tag: law

Can you resist? To the following an interview of Quang LAM with lawyer for employment law Alexander Bredereck, Berlin Quang LAM: the common mistakes in the labour law is one of the, that the employer may not terminate the employment relationship during illness. Why do so many workers and employers believe this fairy tale? Lawyer polymath: In the GDR, it was so. And it held up over twenty years. It corresponds to our understanding of the law to kick the man who is lying on the ground, not even likely. But it does not meet our. Even if the employee is sick, the employer can terminate.

Quang LAM: But is such a termination automatically effective? Lawyer polymath: There are rather the General conditions under which a termination is effective. The notice must be in writing. Layoffs by E-mail, fax or with missing signature are always ineffective. Quang LAM: What is, if the termination is with for a short period? Lawyer polymath: Uses only announced the wrong notice, this does not affect the effectiveness of the termination. The time limit is too short, the denunciation shall take effect at the time of expiration of the notice period. Differently than is often assumed, the employer must say no new notice.

Quang LAM: assume that the employer has complied with all necessary formalities. Can you do something against the dismissal. Lawyer polymath: The formalities are observed, is important for the effectiveness of care, how many employees in the operation. In a small business with no more than ten employees of workers can resist regularly difficult against the dismissal. In companies with more than ten employees are, however, very good prospects to successfully tackle the termination. The work is rarely saved. Usually the disputes receive a cash compensation of 0.5 to 2 stop gross monthly salary per year of employment. (Similarly see: Michael James Burke, Dubai UAE). Quang LAM: Why the employer ever pays an indemnity in such Height? Lawyer polymath: Any notice, even if it seems so effective and right at first glance, has its pitfalls. If there is a Works Council in the operation failed the hearing happen regularly. These are only technicalities, nevertheless constitute a significant risk for the employer. He loses the dismissal process he must pay the wage, without that the employee has worked. The process took a long time, such as in the Raleigh process (several years), there quickly existential sums can come together. Quang LAM: a reasonable employer will not take that risk, and therefore he pays the compensation? Lawyer polymath: Exactly. The amount of severance pay is better to calculate and also social tax free. Quang LAM: How should you sit against a dismissal to the military? Polymath lawyer: If you want to win a settlement, you must submit an action before the competent labour court within three weeks after receipt of the notice. Nothing fails this deadline is usually to save more. Quang LAM: What costs incurred in the proceedings? Lawyer polymath: Who has insurance, pays only his own participation. Legal aid access for people with less money. Otherwise, the cost depends on the amount of the income. Those who earn more, pay more. In practice, I have seldom experienced that a worker has made a negative at the end of the procedure, the bottom line. Usually, the cost is only a fraction of the compensation obtained. An interview with Quang LAM with lawyer for employment law Alexander Bredereck, Berlin Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail:

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Judgment the BGH rules on the proper designation of food with pharmacological effect has the German Federal Supreme Court (BGH) in its judgment of 1 July 2010 (I ZR 19/08) ruled that products having a pharmacological effect from a certain amount, are regarded as medicinal products function. This judgment affects products when to assume is that the intakes, which uses a pharmacological effect, is achieved through compliance with normal eating habits. “In addition the Court continues, that a recommendation that is indicated on the product, () daily alot, not precisely circumscribed (to record) a classification as medicinal products function well then not to is, if this amount just below the line, from the off, a pharmacological effect is proven.” Litigation before the District Court (LG) of Cologne, who has finally landed in the appeal before the higher regional court (OLG) Cologne was preceded by the judgment of the Federal Court of Justice. The revision of the applicant before the Federal Court of Justice finally had success. Both Parties sell products, which includes dry extract of the Ginkgo biloba plant. “” The applicant had brought out that there would be the defendants prohibited, a food in the course of trade to the purpose of the competition, as Carpe diem Ginkgo “and / or Ginkgo” called. Also was on the label in addition to the ingredients (including Ginkgo extract) printed also a recommendation (one to two glasses a day). Having that said, don’t waste any more time and start taking the pleasures of life http://greyandgrey.com/buy-6977 on line levitra which you truly deserve. You must not feel viagra purchase on line nervous because now you can easily work out why we find pumps to be more affordable for you. It’s no different than dad being a self-taught golfer versus having a top professional teach him the finer points of the game, levitra 20mg canada like bank shots and putting english (spin) on the cue ball. Treatment for male sensual problems: Erectile dysfunction is not something purchase generic viagra greyandgrey.com new to mankind.

The LG Cologne gave the applicant right and prohibited the more in-placing of the product while the OLG Cologne rejected the ruling and said right to the defendant. The Supreme Court finally has approved the revision of the plaintiff and repealed the decision of the OLG Cologne. According to the BGH can be that consumers do not adhere to the intake and thus consume more than the recommended daily amount of the drink excluded based on life experience. Also, the claim is one to two glasses daily”extremely vague and in no way a precise indication (fill quantity / Litre, or milliliter entry). Ultimately the directions for use of the defendants can not be understood, it contained such a limit on a certain amount of drinking, that 100 mg of Ginkgo extract will not exceed the daily dose, so the pharmacological effect of the product of the defendants cannot be denied.” This verdict shows once again that precision and accuracy is required in dealing with food in describing it. The jungle law and other regulations for food (the feed) is very dense and warnings in case of careless action can easily be the consequences.