Alle Beiträge

19. Nov 2015 Crediting of a previous internship to the probationary period of a vocational training contract, BAG 19.11.2015 - 6 AZR 844/14

An internship cannot be counted towards the probationary period of a subsequent training contract. This applies regardless of how the internship is structured.

Labor law
11. Nov 2015 Calculation of vacation entitlement in the event of an increase in working hours, ECJ 11.11.2015 - C-219/14

The ECJ ruled on the questions submitted from England regarding the calculation of vacation entitlement when changing from part-time to full-time. According to this decision, there is no retroactive recalculation of the vacation entitlement already accrued to the current working hours.

Labor law
9. Nov 2015 LG Wuppertal: Advertising flyer must contain complete revocation instructions with sample revocation form

An entrepreneur had enclosed an advertising brochure with a print medium that contained a reply card and an order card. A complete revocation instruction and a sample revocation form were missing. The entrepreneur argued that he was allowed to refrain from a complete reproduction due to the limited display options (Art. 246a § 3 EGBGB). The Wuppertal Regional Court did not agree with this. Even in advertising brochures in which every additional word is "cash", the consumer protection regulations must be fully complied with.

Digital & analog, IT law, copyright, e-commerce
9. Nov 2015 ECJ: Safe Harbor Agreement invalid

The ECJ has declared the Safe Harbor Agreement invalid. The general media also reported on this. The Safe Harbor Agreement is a legal construct to make the transfer of personal data to certain companies in the USA permissible. This is because every data transfer to a non-EU country requires justification under data protection law. If an online store operator therefore uses service providers in the USA, the data protection law-compliant structure should be checked. Many online store operators will be affected, for example, by the integration of Google Analytics or the operation of a Facebook fan page.

Digital & analog, IT law, copyright, e-commerce
9. Nov 2015 Obligation to take back "electronic waste" for online retailers

The new Electrical and Electronic Equipment Act (ElektroG) has recently come into force. This means that online retailers are also obliged to take back old electrical appliances. Online store operators must take back smaller appliances with an edge length of up to 25 cm free of charge and larger appliances when purchasing a new appliance. For online retailers, the take-back obligation only applies if all storage and shipping areas for electrical and electronic equipment together exceed the limit of 400 square meters. Smaller online retailers are therefore exempt from the take-back obligation.

Digital & analog, IT law, copyright, e-commerce
9. Nov 2015 News in passing: Singing the Happy Birthday song probably not a copyright infringement after all

The well-known song "Happy Birthday to You" is protected by copyright (which is largely unknown). Any public singing of the song must therefore be remunerated.

Digital & analog, IT law, copyright, e-commerce
9. Nov 2015 Risky disclaimer in the legal notice

The disclaimer in the imprint "Content of the online offer: The author assumes no liability for the topicality, correctness, completeness or quality of the information provided." is inadmissible and liable to a warning.

Digital & analog, IT law, copyright, e-commerce
29. Oct 2015 Operating costs in commercial leases

Costs are incurred when using any property and once a year a bill is issued, which is often associated with additional costs. We are talking about service charges or, more precisely, operating costs.

Real estate law, public & private construction law, public procurement law
20. Oct 2015 Vacation entitlement in the event of a briefly interrupted employment relationship, BAG 20.10.2015 - 9 AZR 224/14

A short-term interruption of an employment relationship with the same employer with a factual connection does not trigger the waiting period of § 4 BUrlG again with the conclusion of a new employment contract. In such a case, the employee is entitled to full leave in full by adding together the periods of both employment relationships in one calendar year if the waiting period according to § 4 BUrlG is fulfilled.

Labor law
30. Sep 2015 A dispute between the employer and husband of an employee does not justify dismissal of the wife, ArbG Aachen 30.09.2015 - 2 Ca 1170/15

A disagreement between the husband and the employer due to a contract for work cannot serve as justification for terminating the employment relationship with the wife. Any misconduct on the part of the husband cannot be attributed to the wife.

Labor law
21. Sep 2015 IT security law in hospitals

The "Act to Increase the Security of Information Technology Systems" (IT Security Act) came into force on July 25, 2015.

Medical and social law
20. Aug 2015 Discrimination against part-time employees due to too frequent weekend work, LAG Berlin-Brandenburg 20.08.2015 - 26 Sa 2340/14

A part-time employee must not be called in disproportionately often at weekends compared to full-time employees. Without objective reasons that could justify such unequal treatment, this would constitute discrimination against part-time employees as prohibited in Section 4 (1) sentence 1 TzBfG.

Labor law

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