29.12.2016 | answered by Jan Wilking
Hello
For about 19 years, I have been working partly in field sales for a company. For 14 years, I was provided with a company car for private use, including fuel and a 1% rule. About 4 years ago, the company cars were removed and instead a car allo...
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03.11.2015 | answered by Jan Wilking
Is the following agreement problematic in terms of notice periods or its consideration for unemployment benefits (ALG 1)? I am asking specifically in light of the fact that the severance payment is significantly above 0.5 monthly salaries. Would this...
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27.05.2014 | answered by Jasmin Pesla
Hello and good day,
I am pregnant during the probation period (01.01.2014 to 30.06.2014) with a fixed-term contract (end 31.12.2014). Section 2 of the probation period states: "This employment contract is provisionally concluded for a trial period of...
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15.05.2014 | answered by Jan Wilking
Dear legal counsel,
I am currently facing a behavioral issue of purely legal nature. I have already inquired about the issue here, but was unable to find an appropriate answer in relation to the correct behavior in my situation. Here is the situatio...
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17.12.2013 | answered by Jan Wilking
The text is about a question in labor law. A small to medium-sized company is to be sold to a new owner. The current (still) owner is now presenting a declaration to his employees for signature, with the following content:
"I declare myself willing ...
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21.10.2013 | answered by Jan Wilking
Hello,
I had an accident in 2011 on my way from Berlin to Coburg for a second job interview due to a road accident with a car (the driver's invitation was present, and reimbursement of costs was provided) and sustained injuries resulting in amnesia....
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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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23.02.2013 | answered by Bernhard Müller
Hello,
My brother has been employed in an insurance company for 23 years. Now, for unclear reasons, he is supposed to be "transferred" to a subsidiary, in a completely different area within the same city, starting from April 1, 2013, which is in jus...
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25.10.2012 | answered by Bernhard Müller
Hello,
My wife and I are separated. Our two children (7 and 9) primarily live with my wife and are with me regularly on weekends. Starting next month, I will be paying child support according to the Düsseldorf Table (half of the child benefit deduct...
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06.06.2012 | answered by Steffan Schwerin
Hello,
I urgently need your advice. I am permanently employed and my company is paying for my MBA studies for the next 2 years. For the past year, I have been systematically bullied by my supervisor. Unfortunately, there is no works council in my de...
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24.04.2012 | answered by Bernhard Müller
Dear Sir or Madam Lawyer,
In 1991, I was hired as a workshop manager of an agricultural cooperative with a regular employment contract. In 1996, I was appointed to the board by the supervisory board through a service contract without a fixed term, b...
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24.03.2012 | answered by Jan Wilking
The questioner is a provider of a small profession-specific online software that is sold "as is" or that can be changed/rebuilt at a cost according to the buyer's layout and/or functionality requirements. How and by what means the predetermined goal ...
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23.02.2012 | answered by Bernhard Müller
Hello.
Since 1.9.1992, I have been employed in a company that consists of several independent business units without interruption. I have changed employers several times within these structures, so I always received a termination agreement first and ...
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03.02.2012 | answered by Steffan Schwerin
Dear Sir or Madam,
I am not satisfied with the reference letter for my mother and believe that there is a need for significant corrections.
Would you be able to review the letter and draft a letter to the employer with the necessary corrections?
T...
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01.01.2012 | answered by Dr. Danjel-Philippe Newerla
I am 64 years old, have been self-employed so far and not covered by statutory insurance. Now I am considering taking on a small salary job (not a mini-job) in order to rejoin the statutory health insurance. Is this possible?
Can I continue my self-...
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28.11.2011 | answered by Jan Wilking
Dear Sir or Madam,
our daughter was born on 13.03.2011. Therefore, we applied for parental leave benefits for my wife until the 8th month of our daughter's life (13.10.11-12.11.11). At the same time, we informed the parental leave office that my wif...
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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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18.08.2011 | answered by Dr. Danjel-Philippe Newerla
Hello - I have been working for a Florida-based company since 1989. I am German, living and working in Germany. I am a food broker, supplying food to customers of the American military and embassies in Europe. I am paid in US dollars and pay my taxes...
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29.06.2011 | answered by Steffan Schwerin
Hello,
I have three children aged 13, 10, and 7 years old.
We are all German.
I work in Germany.
My wife wants to live with our children abroad (non-EU countries) and have the children attend school there.
My wife receives a disability pension.
I w...
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19.06.2011 | answered by Michael Vogt
Dear Lawyer,
the Parental Benefit Office is requesting the repayment of the parental benefit for the 7th month of the child's life (month of May 2011) in the amount of 1,089.44 euros.
Chronology:
03.11.2010 Birth of my son Karl
10.02.2011 Approval o...
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06.06.2011 | answered by Steffan Schwerin
Dear Sir or Madam,
I am 53 years old and have been employed in a small nursing home for 21 years, including 10 years as head of nursing. The facility is run by the municipality and a charitable organization, with the umbrella organization being the ...
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03.06.2011 | answered by Steffan Schwerin
Good day,
I joined the company on 01.04.1995.
There is a clause in the employment contract stating that the extended notice periods due to longer company tenure also apply to the employee.
I resigned from the company on 31.03.1995 and was not emplo...
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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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11.05.2011 | answered by Dr. Danjel-Philippe Newerla
I was born on 20.06.1980 in Poland, and have been living in Germany since 1985. I have had a permanent residence permit in Germany since 1992. I attended and completed school here, and also completed an apprenticeship as a travel service clerk at Deu...
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03.05.2011 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
I am currently working as an independent sales representative in network marketing, which means I have an irregular income. I live in the new federal states of Germany. Two years ago, I filed for regular insolvency and am therefor...
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