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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07.05.2014 | answered by Jan Wilking
Dear Sir or Madam,
Based on my previous good experiences, I would like to clarify a final matter in terms of rental law or find out a possible trend. I am aware that street noise as a reason for rent reduction is a delicate issue and often tends to ...
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05.09.2013 | answered by Jan Wilking
Good day.
I viewed a rental apartment through a broker and signed a note on which I listed my address, personal details, his commission, the rent, and further details about the apartment.
The apartment was documented and advertised in the listing as ...
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30.10.2011 | answered by Dr. Danjel-Philippe Newerla
Hello!
Just over a year ago, I resigned from a company. Unfortunately, I did not receive a letter of reference... after several inquiries, my former boss gave me the opportunity to write a reference for myself. I have now done that.
Could someone t...
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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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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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17.10.2010 | answered by Dr. Danjel-Philippe Newerla
Recently, I signed a rental agreement for a private apartment through a real estate agent. I am aware of the legal agent's commission amounting to 2 months' rent and was informed about it by the real estate agent. I have already signed the rental agr...
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07.09.2010 | answered by Bernhard Müller
Old rental agreement from 1983. The tenants are to be terminated by me as the landlord (due to own use) because we are renovating and want to move in ourselves. In the standard rental agreement it states: The tenancy begins on 01.01.1983. It can be t...
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08.08.2010 | answered by Dr. Danjel-Philippe Newerla
Can we terminate our lease prematurely for a top floor apartment, as our child was born with a heart condition and needs to avoid overheated rooms for care purposes. We had temperatures of 32°C. The landlord immediately offered to install an air cond...
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30.05.2010 | answered by Dr. Danjel-Philippe Newerla
I placed a relocation order for Surf and Phone Flatrate with 1&1 on 30.03. The new connection is scheduled for 18.05. Now 1&1 says that there is no available port at Telekom, and no one can say when the new connection will be possible. How long do I ...
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23.05.2010 | answered by Dr. Danjel-Philippe Newerla
We have a question regarding inheritance law. We have been married since 1996, childless, and have not yet established a marital agreement. We want to ensure that in the event of one partner's death, the entire shared estate is available to the survi...
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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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27.12.2009 | answered by Dr. Danjel-Philippe Newerla
Hello,
I filed for personal bankruptcy on 15.09. Two weeks later, the bankruptcy was opened and is currently ongoing. On 18.11.2009, I received a summons from the prosecutor's office to begin serving a sentence. Can I expect to be sentenced to impri...
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13.12.2009 | answered by Dr. Danjel-Philippe Newerla
Hello,
I have the problem that my neighbor's tree constantly drops its leaves on our property in the fall. What can I do legally, as he strictly refuses to remove them.
Best regards,
B. Fritsch
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15.11.2009 | answered by Dr. Danjel-Philippe Newerla
My father stood surety for his Albanian friend with my insurance at the bank. My mother had taken out insurance with Alianz back then (for my education, Alianz had informed me about that). The Albanian still owes 15,000 euros. The bank knows that my ...
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14.11.2009 | answered by Michael Vogt
The condominium association has passed a resolution of forgiveness against me, because my tenant has displayed unbearable behavior, including aggression, over weeks. My apartment is managed by a trustee who did not actively communicate with me. It wa...
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08.11.2009 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
During our separation phase, my husband had a brief relationship in which an unplanned child was conceived. My husband did not acknowledge paternity, but he was contacted by the Youth Welfare Office demanding that he come forward,...
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18.10.2009 | answered by Michael Vogt
Dear Sir or Madam,
The community of heirs consists of 3 families, with 2 of them not getting along at all. The inheritance consists of a 5-hectare farm and 45 hectares of leased land. It is slowly falling apart as two houses are no longer usable. Th...
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17.10.2009 | answered by Dr. Danjel-Philippe Newerla
An employee of our company (employed for 11 years) was terminated for operational reasons.
The employment relationship was terminated with a four-month notice period, ending on 30.04.09.
The employee did not file a protection against dismissal law...
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04.10.2009 | answered by Dr. Danjel-Philippe Newerla
We have rented out a house and signed a fixed-term lease agreement. The rental agreement contains the following clause:
"1. b. Fixed-term tenancy
The tenancy is concluded for a specific period of time. It begins on 15.7.2007 and ends on 14.8.2010. ...
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04.10.2009 | answered by Dr. Danjel-Philippe Newerla
Hello,
a year ago, my brother and I inherited a house (in equal shares). Currently, the property is being managed as an inheritance community, with my brother wanting to live in the house for 1-2 years and use all the inventory. He has not considere...
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04.10.2009 | answered by Michael Vogt
I cancelled my health insurance as of March 1, 2009 and have been privately insured since then. Now my health insurance company is claiming that I received benefits after March 1 and they want the money back from me. The doctor's visit was on Februar...
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27.09.2009 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
A conciliation hearing was scheduled at the labor court, unfortunately, due to the absence of the defendant, a default judgment was issued. The default judgment was provisionally enforceable without security. An objection was lodg...
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06.09.2009 | answered by Dr. Danjel-Philippe Newerla
Hello,
I am 24 years old and have a problem with the Employment Agency/Job Center.
The issue is that I completed my training at the end of June and had already registered for job search as a precaution. When applying for benefits, I accidentally fo...
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06.09.2009 | answered by Dr. Danjel-Philippe Newerla
Hello,
I am 24 years old, have been living in Germany for about 5 years now, before that I lived with my parents in Poland (I have German citizenship). My parents still live in Poland, we have no contact with each other, and I have not received any ...
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