23.02.2016 | answered by Stefan Steininger
The situation:
Sale of a single-family house by notarial purchase contract - conclusion on 24.08.2015; handover date 15.01.2016
Today, the buyer informed me that according to the installation company, the central heating system had a serious damage...
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14.01.2016 | answered by Jan Wilking
Hello,
I am a development engineer at a semiconductor manufacturer (around 900 people) for 33 years, 60 years old, and I would like to work only 3 days a week in the future, so I am planning to submit a request for part-time work. I am familiar with...
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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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26.06.2014 | answered by Stefan Steininger
Our employees receive a supplement for Sunday and night work; these are social security and tax-free. According to a ruling by the Federal Labour Court (BAG), this supplement should also be paid in case of illness. Does this apply in general? Is ther...
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11.05.2014 | answered by Jan Wilking
As a sales representative, I receive a car allowance of 800 euros per month and a fuel card that allows fueling for private purposes as well. Both are taxed as a taxable benefit in the salary statement.
With these benefits, the employer excludes furt...
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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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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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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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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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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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17.05.2011 | answered by Jan Wilking
I bought a cylinder head for a car on eBay. According to the item description, the cylinder head is in perfect condition and not damaged. The corresponding camshaft is allegedly not worn according to the seller! Since he is a private seller, he canno...
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20.04.2011 | answered by Jan Wilking
Dear Lawyer,
I am sending you my case, which I have now submitted to the field of labor law, but may also fall under contract law:
I work as a self-employed business owner in Clinical Research as a Consultant.
I have had a freelance employee contra...
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08.03.2011 | answered by Jan Wilking
Please let me know as soon as possible if I am allowed to spend a hiking weekend in a hotel in the Sauerland with my husband during a period of incapacity for work due to depression. I would personally like to cancel the booked hotel, but my husband ...
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04.03.2011 | answered by Jan Wilking
I am considering taking on a second job that is related to my main job but does not create a conflict of interest: handling claims for an insurance company as my main job, and working as an independent expert (conducting damage assessments) for a sep...
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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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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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03.11.2010 | answered by Dr. Danjel-Philippe Newerla
I accepted a temporary job for 4 weeks on 04.10.2010. (Contract based on the general legal principles of labor law.) A compensation of 10.00 euros per hour was agreed upon. A total of 8 people were hired for this project. However, 4 people received a...
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21.10.2010 | answered by Steffan Schwerin
Dear Sir or Madam,
In order to complete my vocational training, I require proof of the hours worked during the time I spent at my previous employer. However, they are refusing to provide this, so now it is going to mediation before the labor court. ...
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18.09.2010 | answered by Tobias Rösemeier
Dear Sir or Madam,
some time ago I bought a textile product online. Now I have found that the seam is coming undone on one of the garments.
The seller refuses to take back the clothing item and cover all costs of return and re-delivery.
He believ...
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27.06.2010 | answered by Bernhard Müller
Hello,
I have signed an employment contract with a temporary employment agency. There was a special agreement attached to this contract, which states:
"Liability for damages"
For the use of labor, ARWA incurs costs for personnel placement in the am...
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04.06.2010 | answered by Steffan Schwerin
Hello,
I will turn 60 years old in October and I am currently looking for work. On December 31, 2004, I was terminated after 31 years of employment at the same company. I must mention that I have been continuously ill since October 2002, and was then...
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18.04.2010 | answered by Dr. Danjel-Philippe Newerla
Dear D&H,
we renovated our apartment in the year 2008.
Today we received the invoice dated 20.11.2008. The tax returns for 2008 and 2009 have been completed.
Can I declare the labor costs included in the invoice with this invoice date in my tax re...
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20.03.2010 | answered by Steffan Schwerin
Topic: Cash flow statement
The tax office conducted an external audit on me according to Paragraph 193 (1) of the Tax Code.
The accounting was mostly in order.
During the closing discussion, it was made clear that there were no signs of tax evasion...
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04.03.2010 | answered by Dr. Danjel-Philippe Newerla
Dear Lawyers,
Yesterday, after a short shopping trip, I returned to the parking lot where I had parked my car in reverse. Next to me, a woman had parked her slightly older vehicle in forward, she was already sitting in the car, but I had not noticed...
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