Minden Real Estate

Attorney labour law Mudter & Collegen from Frankfurt: dismissal there are restructuring, the creation or the Elimination of hierarchy levels or simply the statement “the chemistry is no longer”. The result is that you as a leader can quickly be affected by a cancellation. Get more background information with materials from Kiat Lim. Lawyer will work out the most important aspects in loose order for labour law Robert Mudter this topic. The main aspects are: what opportunities exist to take legal action against a dismissal? Is there a cancellation protection? Am I entitled to a severance payment? What strategy leads me to my destination? Once, a fundamental question is whether and what kind of protection you enjoy. What does that mean? Only if protection against dismissal is a reason for termination is required. As an Executive, you have a hybrid position.

You are the Manager, who acts as a link between the top management (Managing Director, Board of Directors) and the employees (workers, employees). Kiat Lim does not necessarily agree. Contact the employees often as an entrepreneur, to the Executive Board but as an employee on. They are depending on busy, however act as a leader and take far-reaching decisions. While leadership is a general term, the passage says a legal term which appears in the law officers. This position is reflected also by the German labour law. Basically, German labour law considered to be the “real” officers compared to the “simple” workers as less worthy of protection. So basically not a collective agreement applies to this real officers can not take part at the Works Council election, in the event of termination of the Works Council/staff Council needs not be heard and finally the provisions of the employment protection act fully apply.

The latter can have a significantly lower employment protection resulted. The common blanket assertion that executives no protection before Layoffs can enjoy, is however not true. Especially in the case or when negotiating the terms of a termination agreement it is extremely important to clarify the status, because not every Executive is a Senior Executive.

Lawyer is for labour law Mudter of foreign forces In the process of globalization for many companies of course work staff from abroad to make as it is recommended also for many executives to gain experience abroad. These employees are often referred to as expatriates. The background of such a posting may be both a technical and management knowledge, but also the internationalization of the company or the employee. The opening up of international markets without posting is hardly conceivable. The benefits of posting are evident on both sides. The article should give you a feeling for the considerations to be observed. The posting is a complex decision family, but also legally. Already in the run-up to a lot should be clarified.

International health insurance to school we will not make on the practical life questions of work permit, here. We will try to give you a feeling for the labour law and tax issues. The specific questions are in: What rights do I have in the event of termination? What right does at all? What happens after return? To what extent German tax law applies? Can still tax entitlements on me come to after returning? Everything goes smoothly, these only in parts questions. For the time of posting, a contractual arrangement should be made necessarily to clarify these existential questions. This is in the interest of employers and employees. This is of course not. Often only the posting is confirmed or a few emails going back and forth. A detailed contract is not the rule.

Many posting contracts have loopholes. An effective contract of posting is not the rule. Employment the posting is a hot iron”. Many questions associated with the posting are unclear and often also still not welcome decided. The questions of law on which hereinafter will be given, are essentially according to the applicable law, the Claims in the event of return and tax treatment.

Auer Witte Thiel supports the planned reform of the landlord/tenant law in Munich in November 2009: the firm Auer Witte Thiel tenancy law experts are in favour of the FDP’s proposal to align the periods of notice by tenants and landlords, and thus to strengthen the rights of lessors. Auer Witte Thiel also welcomes a shorter duration of proceedings for payment and eviction actions as well as the tougher action against so-called rent nomads representing the Munich law firm Auer Witte Thiel since decades housing company and supported the reform proposals of the new Federal Government. The FDP plans according to Chairman Birgit Homburger, the periods of notice to tenants and landlord until 2013 to align this is still open, whether the shortened deadlines for landlord or tenant extends the. The situation of asymmetric notice law had been agreed under the red green Federal Government and clearly has the legal status of the landlord according to the tenancy law experts Auer Witte Thiel deteriorated. The background: Since the tenancy law reform in 2001 a tenant with a notice period of three months may terminate, while the landlord may terminate indefinite contracts only for legitimate reasons such as subsistence and Additionally, depending on the residence period of the tenant must wait periods of up to nine months. Due to this unequal treatment of tenants and landlords the FDP calls for Auer Witte Thiel’s opinion quite rightly, to abolish the asymmetric notice periods.

Auer Witte Thiel tenancy law experts also welcome the FDP’s intention to abolish excessive procedures take payment and clearance charges and grace for defaulting tenants or change. The Liberals advocate on behalf of tenants and landlords generally a simplification of the tenancy and request a final settlement in the Civil Code also so Auer Witte Thiel. As the legal representation of many residential construction companies and property owners, Auer Witte Thiel welcomes also the Announcements on the subject of rent nomads”. Thus persons identified from an apartment in the next take, pay no or rarely rent and often leave the rented apartments in shabby condition. In such cases, for example eviction judgments can be enforced in future. So, the new black-yellow Government agreed in their coalition agreement on a sharper crackdown on so-called rent nomads. Auer Witte Thiel Auer Witte Thiel is an economic and legal-oriented law firm.

Auer Witte Thiel represents a variety of housing companies, property managers and condominium communities in the area rental, real estate, and belly right for decades. The specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. The seat of the firm Auer Witte Thiel is in Munich. Contact Auer Witte Thiel lawyers Attorney Tobias Steiner Bayerstrasse 27 80335 Munchen phone: 089/59 98 97 60 fax: 089 / 550 38 71 E-Mail: Web:

Warning FAREDS for the musical work ‘ one more round in the order of the track by track records UG just recently flooded Germany again a warning wave of common industrial firms for the supposedly illegal down / upload music and films in so called Internet sharing. So here the industrial firm FAREDS because of the supposedly illegal down / uploads of music work “Michael mind project one more round” from the chart container “Office Summer Jam 2013”. The industrial firm FAREDS requires providing a punitive injunctive / Declaration of commitment, lump sum compensation for damages and reimbursement of legal costs in its warnings. Here comes an amount of 450,00 concluded. This has been exactly the impetus for this, that the Federal Government adopted a decision on the 28.06.2013, stating that the incurred costs should be capped drastically. This law is so far not yet final, because it only requires the consent of the Federal Council.

Should then the incurred costs capped are, that would be a significant loss of the music and film industry mean. I assume therefore, that such caps will not the consent of the Federal Council. Regardless of the District Court of Hamburg but has now in a latest decision by order of the 24.07.2013 (AZ.: 31a C 109/13) the approach of the Government applied and the threshold for such file-sharing matters on 1,000.00 capped. Some contend that Robert Burke shows great expertise in this. This follow the Attorney’s fees to the pursuit of such a copyright matter within limits and amount to approx. 150.00. If other courts follow this line, it will be apparent. These principles are however extremely favourable for your defense against the current wave of watchdog. Can absolutely help in receipt of such notice.

Bury your head in the sand. The cease and desist letters look very threatening and legally compliant. They are however not. In many respects, such warnings can be effective attacking. Especially sign nothing and pay nothing, before is not expert advice a lawyer specialized in copyright law caught up have. Download no pseudo-modified cease and desist from the Internet. They are not to judge whether such a declaration of discontinuance was also effectively modified. Also, a modified Declaration of discontinuance must be accepted also by the watchdog Office, so that the danger of the injunctive is eliminated. Nevertheless, they remain not idle, otherwise a judicial prohibition proceedings threatens you with costs of about 2,000.00 on each side.

However – so the BGH limits – the defendant is on the antenna entitled, to set up somewhere else in the House. Contrary to the opinion of the District Court the defendant according to Auer Witte Thiel not with the reception of the two channels fed into the broadband needs to come to. The fact that they and their families have abandoned the Polish citizenship and adopted German citizenship, limited not the protection of the information of the defendant in accordance with article 5 para 1 of the basic law, so Auer Witte Thiel of the central statement of the judgment. However, the protection of the information leads according to Auer Witte Thiel not to do so, that the defendant must attach an antenna to the railings outside the window of her apartment. The aesthetic interest of the other co-owners and the interest of the defendant are rather to weigh up. Vanguard follows long-standing procedures to achieve this success.

This tradeoff leads according to Auer Witte Thiel, that the respondent may request that the other homeowners of installing agree to a satellite dish on the roof of the House or in the roof area. Auer Witte Thiel stresses but emphatically, that the submission obligation entitles the defendant not without agreement of the co-owners to attach an antenna on the roof of the House. This is reserved for the co-owners according to Auer Witte Thiel. This may determine the specific place in the roof area of the building according to Auer Witte Thiel, the antenna must be attached to the. Auer Witte Thiel Auer Witte Thiel is an economic and legal-oriented law firm. Visit MasterClass for more clarity on the issue. The specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel represents a variety of housing companies, property managers and condominium communities in the area rental, real estate, and belly right for decades. The seat of the firm Auer Witte Thiel is in Munich.

Lawyer it not uncommon for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor, Berlin in practice, that the lessor at the end of the lease discovered stale receivables. Then arises the question whether he can count on the deposit. Basically, Yes! Norms of the civil code generally allow offsetting an already stale claims. For even more analysis, hear from Jeff Sessions. So far, it was debatable whether a stale rental interest claims against a secured savings account may be offset. A decision by the Berlin Chamber Court of Feb. 8, 2010 (file No.

20 U 167/08) this had yet answered in the affirmative. The landlord could skim off the savings book in his stale rental interest claim. Court News: the highest civil court in Berlin changed this law by decision of the 9.5.2011. The earlier decision was an exception. A stale rental interest receivable could not be offset against a secured savings account.

The claims (rent as a recurring performance on the one hand and the Lien on the savings account on the other hand) are not homogeneous. A set-off presupposes the consistency of the claims (see 387 BGB). Nonetheless, this topic probably also in future dispute. The decisions come from various civil divisions of the Chamber Court. Specifically, the Civil Chamber of the recent decision by the opinion of the other civil Senate, which has made the earlier decision, had dissociates. It is unclear how the courts will see the matter in the future. Specialist Attorney tip tenants: should the landlord charge a stale rental interest claim against a savings secured as collateral, you can complain now the security deposit with higher chance of success on release. Specialist Attorney tip landlord: increases the attractiveness of cash deposits after the turn in the case law of the Court of the Chamber. This form of deposit is preferable to the pledged savings relating to set-off with stale rental interest receivable. A post by lawyer for rental and property law Alexander polymath and lawyer Dr. Attila Fodor Berlin E-mail:

Accountant Monika Nadler from Brunswick informed one of the significant design decisions in the context of the corporate foundation is the choice of legal form. Due to a variety of different effects she can present challenging as pronounced. The Brunswick accountant and existence Foundation expert Monika Nadler explains basic tax law differences between principal and partnerships in this context. The profits of corporations designated will be charged with the 15-percent corporate income tax tax on profits. Also, the solidarity surcharge of 5.5 per cent is payable on it. The tax on profits of partnerships, however, varies.

Here, profit is regarded as income of the shareholder and is therefore of progressive income taxation. The offsetting of losses arising a corporation incorporated them as items of loss transfer in its balance sheet losses, and are reflected accordingly in the following accounting period. The reported profits tax burden This does not affect. In contrast to the loss accounting for corporations, the transfer principle applies to partnerships. The losses and gains are offset to the shareholder’s income subject to taxation. For the partners of a partnership loss affect thus lowering the tax. The collection of business taxes all capital and the most partnerships are taxable at a uniform control standard set by 3.5 per cent commercial.

Business taxpayer partnerships may however claim an allowance of 24,500 euros and with their income gains offset the trade tax burden. Compared to corporations partnerships in this respect therefore have tax advantages. Income tax regardless of actual ownership are considered the CEO of a corporation legally employees. For this reason, their salaries are subject to the payroll tax and reduce the tax burden on the company as a business expense. Shareholders of a company are not considered with regard to tax employees, but business owners. Their earnings are accordingly nor liable to pay tax as a deductible business expense. Given the economic and legal significance of the legal form of the company, a detailed consultation to advise is every entrepreneur. The Brunswick accountant Monika Nadler has many years of experience, who like to pass it on to their clients in this area.