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...
Situation: As a board member of a German AG, an employee is not subject to social insurance contributions. In this case, the board member is in private health insurance (PKV) and is 47 years old. Until the age of 30, he was in statutory health insura...
Dear Sir or Madam, I have been employed as a nanny for three children in a family for approximately three years. It is a contract in the mid-range (midijob). According to the contract, the weekly working hours are 10 hours. It was verbally agreed th...
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 ...
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 ...
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...
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...
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 ...
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...
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 ...
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...
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...
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...
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 ...
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...
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 ...
Dear Sir or Madam, I intend to resign from my position as a board member of a public limited company for an important reason (not at an inopportune time) (= resignation due to the incompatibility of business policy with the duties of my employment c...
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 ...
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 ...
Is an employee allowed to sign a lease agreement for operating resources (in this case a copier) without explicit authorization according to § 54 para. 2? In my opinion, a leasing agreement could also be considered a 'loan agreement' or a continuing ...
Hello, does a newly founded Ltd. (business operation in Germany) also have to keep its bookkeeping here, make a balance sheet at the end of the year, or can it also use an income-expenditure account and current taxation? Thank you in advance!...
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...
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...
Dear Sir or Madam, I have been working as a plasterer at my company (4 employees) for 4 years and 9 months without a contract. Now I would like to resign and would like to know my notice period. Thank you. Sincerely, R.M....
I had my former employee observed by a detective agency. They found on 09 and 10.02.2010 that the employee was engaging in self-employment despite being on sick leave, had rented a workshop, and worked there for several hours on those days. As I had ...
