15.07.2015 | answered by Jan Wilking
I have an employment contract from August 1994, which was last changed in terms of notice periods in 1997.
Under section 4 Notice Periods, it states:
"The employment contract can be terminated by both contract parties with a notice period of 3 month...
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02.05.2015 | answered by Jan Wilking
I am concerned about a takeover. I am in my 2nd year of apprenticeship, learning the profession of gardener (specializing in ornamental plant cultivation) in the public sector (municipal employer in Hesse).
In an initial "exploratory discussion" reg...
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10.07.2013 | answered by Dr. Danjel-Philippe Newerla
I have been working for almost 13 years at the German branch of an international airline. Since September 11th (2001), things have been constantly declining in the industry. In 2001, the company had 22,000 employees worldwide, but now there are only ...
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04.04.2013 | answered by Jan Wilking
We are a community of 6 co-owners. In the minutes of the meeting on 09.05.2012, the following was recorded regarding the decision to install smoke detectors:
After discussion, the owners see the installation of smoke detectors in their apartments as...
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27.11.2011 | answered by Jan Wilking
Dear Sir or Madam,
I signed a release from my employer in mid-September. My employment contract was valid until 15.10.11. The last clause in the release states: "With the termination of the contract, all further mutual claims are settled." I am now ...
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10.11.2011 | answered by Steffan Schwerin
Hello,
I have been employed in the public sector for almost 25 years and have 3 children. On October 1st, 2005, the BAT was replaced by the TvÖD. Since then, no local allowance is paid. However, a child allowance is paid.
My wife is also employed, bu...
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25.05.2011 | answered by Steffan Schwerin
Dear Sir or Madam,
We are a small security company. We work 7 days a week, 24 hours a day. This includes Saturdays, Sundays, and public holidays. A new employee works from Saturday to Wednesday.
Now he is demanding a 50% surcharge for his work on Su...
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03.03.2011 | answered by Jan Wilking
On 01.02.2011, I started a new job at Caritas as a qualified social worker. On 28.02.2011, I did not receive my salary. I was informed that the employee in the personnel department was on extended sick leave, which is why my data was not processed as...
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28.02.2011 | answered by Steffan Schwerin
I applied for a position at a service company based on an advertisement. The company was looking for a carpenter in the advertisement.
There was an interview, during which it became clear to me that it was not just carpentry work, but also maintenan...
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23.02.2011 | answered by Steffan Schwerin
Living in rental since 2004. Landlord (V.) verbally allowed us to use the existing drying room. This is a vestibule to our rented cellar. The vestibule has an open passage to the staircase, but no windows. Ventilation should be done through the windo...
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01.02.2011 | answered by Bernhard Müller
Hello,
I have been employed in my company for 5 years without termination (approximately 700 employees, financially healthy). Now, I have been offered a termination agreement taking into account my normal notice period (end of September) and also a ...
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22.11.2010 | answered by Dr. Danjel-Philippe Newerla
Hello,
I have been employed at a company for 11 years now, and I plan to resign at the end of the month. However, I do not have an employment contract. I have heard that in this case, the statutory notice period of 4 weeks applies. However, my boss ...
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20.11.2010 | answered by Tobias Rösemeier
I work in shift work with a regular duty roster in which I do not reach my weekly target working hours when completing the regular shift sequence. In order to reach them, I work additional shifts for holiday replacements, sick leave replacements, or ...
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24.02.2010 | answered by Dr. Danjel-Philippe Newerla
Dear lawyers,
I have been employed as an external employee at a temporary employment agency since 10.09.2007. The employment contract was initially temporary, was extended several times, and has been unlimited since 01.07.2009. One of the criteria f...
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10.12.2009 | answered by Dr. Danjel-Philippe Newerla
THIS YEAR I HAVE NO HOLIDAY PAY, NO CHRISTMAS BONUS, AND NOW I CAN'T EVEN TAKE MY HOLIDAY BECAUSE OF THE ECONOMIC SITUATION. I HAVE ALWAYS RECEIVED EVERYTHING BEFORE FOR 16 YEARS. MY QUESTION IS, THIS YEAR IS ALMOST OVER, HOW SHOULD I PROCEED? DO I H...
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23.11.2009 | answered by Steffan Schwerin
I am employed under TVöD and have now requested a reduction in working hours. During the working phase, periods of incapacity to work are taken into account, half of the sick days are added if it goes on for more than 6 weeks. I was sick for 4 weeks ...
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03.11.2009 | answered by Andreas Scholz
I will be on parental leave for two months in the middle of next year. My employer has now informed me that due to the interruption of the employment relationship, the 13th salary (as a contractual benefit) and an annual profit bonus (as a voluntary ...
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27.10.2009 | answered by Andreas Scholz
If an employee of a company has worked the maximum allowable working time of 10 hours during a business trip and now wants to take his 11-hour rest period, does the Working Time Act or a previously published judgment authorize him to stay at a hotel ...
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11.10.2009 | answered by Michael Vogt
Dear Sir or Madam,
As a creative agency, we have secured the right in the terms and conditions (following passage) to also receive the presentations of competitors for viewing in the case of a competition presentation. What options do we have if the...
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18.08.2009 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
In December of last year, I received an offer from an employer with whom I had previously been employed on a minor basis, for a six-hour daily (five days a week) job. The agreements were only verbal. I started working on January 1...
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03.08.2009 | answered by Andreas Scholz
Hello,
After my parental leave, I received an updated employment contract. It states that I am entitled to 27 days of vacation. The contract was signed in December 2008. Now the HR department says they made a mistake and I am only entitled to about 2...
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31.07.2009 | answered by Dr. Danjel-Philippe Newerla
Following situation:
Initial fixed-term contract from 01.02.08 to 31.07.08
New fixed-term contract from 01.08.08 to 31.01.09
Next fixed-term contract from 01.02.09 to 30.05.09
On 01.06.09, the FOURTH fixed-term contract until 30.11.2009
The contract...
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02.07.2009 | answered by Lars Nozar
Hello,
my partner works as a chef in a catering establishment. According to his employment contract (198 hours with a 5 day week), the collective wage agreement applies. He works an average of between 9.5 and 12.5 hours a day. Regularly, almost daily...
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23.06.2009 | answered by Dr. Danjel-Philippe Newerla
Currently, I am attending a seminar for drivers with penalty points, as I thought it was voluntary to participate with 11 points. So far, we have had 3 sessions and completed the driving. The last session will take place on 27.06.2009. However, I mad...
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