Alle Beiträge

22. Apr 2015 The ineffectiveness of donations and other benefits to home operators and employees in accordance with the so-called "prohibition of benefits" under home law What do care home operators have to consider when it comes to donations, legacies or other gifts from care home residents and relatives?

According to Section 16 of the WTPG, in Baden-Württemberg "the provider of an inpatient facility and the provider of an outpatient assisted living community are prohibited from promising or granting cash benefits or benefits of monetary value in excess of the agreed or to be agreed remuneration from or for the benefit of residents or applicants for a place in inpatient facilities or outpatient assisted living communities". The regulations governing residential homes in the other federal states contain almost identical provisions.

NPOs, church and social institutions
17. Apr 2015 Termination after minimum wage claim is invalid ArbG Berlin 17.04.2015 - 28 Ca 2405/15

A janitor demands that his employer pay him the statutory minimum wage of € 8.50, which has been in force since 01.01.2015. The subsequent dismissal is inadmissible on the basis of the prohibition of retaliation under Section 612a BGB.

Labor law
7. Apr 2015 UWG to be reformed

The UWG, which is the basis for most warnings in e-commerce, is to be reformed.

Digital & analog, IT law, copyright, e-commerce
7. Apr 2015 BGH: No obligation to check user comments in advance

The HolidayCheck Internet portal allows hotels to be rated.

Digital & analog, IT law, copyright, e-commerce
7. Apr 2015 BGH: Threat of Schufa entry prohibited

If a debtor does not pay, they are threatened with further steps. It is common to set payment deadlines and threaten legal action.

Digital & analog, IT law, copyright, e-commerce
7. Apr 2015 EU: New General Data Protection Regulation

A new General Data Protection Regulation (GDPR) is still in preparation.

Digital & analog, IT law, copyright, e-commerce
26. Mar 2015 Obstruction of access when announcing a letter of termination, BAG 26.03.2015 - 2 AZR 483/14

If an employee prevents the receipt of a notice of termination, he/she must be treated as if the notice had already been received when the attempt was made to send it. If the employee should have expected, based on the employer's statements and the circumstances, that a notice of termination would be received in the afternoon by posting it in the letterbox, a notice of termination shall be deemed to have been received on the afternoon of the same day.

Labor law
26. Mar 2015 Special protection against dismissal for in vitro fertilization, BAG 26.03.15 - 2 AZR 237/15

In the case of in-vitro fertilization, the Maternity Protection Act applies from the time of implantation of the fertilized egg, the so-called embryo transfer, and not only at the time of implantation of the egg (nidation) in accordance with Section 9 (1) sentence 1.

Labor law
25. Mar 2015 Overview of the 2015 amendment to the Baden-Württemberg state building regulations

On June 3, 2014, the state government introduced a bill to amend the state building regulations for Baden-Württemberg (state parliament printed paper 15/5294) to the state parliament. The bill was discussed in the state parliament in the plenary session on 05.11.2014 at second reading and passed as law (state parliament printed paper 15/6097). It was promulgated on 11.11.2014 in the state's official gazette (Gesetzblatt für Baden-Württemberg 2014, p. 501 ff). The amendment brings with it numerous changes to building regulations.

Real estate law, public & private construction law, public procurement law
19. Mar 2015 Trainees are liable in the event of damage regardless of age BAG 19.03.2015 - 8 AZR 67/14

Persons undergoing training are liable to the same extent as regular employees in the event of damage caused by them. However, only if the damage was not caused during an "operational activity", as in this case the exclusion of liability according to §105 para. 1 sentence 1 SGB VII applies, meaning that no claims for compensation for pain and suffering or damages can be asserted against the employee.

Labor law
18. Mar 2015 Question of fault in the case of entitlement to continued payment of remuneration in the event of incapacity for work due to alcohol addiction BAG 18.03.2015 - 10 AZR 99/14

Employees are generally not at fault within the meaning of Section 3 (1) EFZG if they are unable to work due to their alcohol dependency. This also applies in the event of a relapse. Whether an alcohol-dependent employee is at fault in the exceptional case of a relapse is determined by a medical expert opinion. Only if this clearly shows that the employer is at fault is the employee not entitled to continued payment of remuneration.

Labor law
17. Mar 2015 Appropriate remuneration also required for publicly funded apprenticeships BAG 17.03.2015 - 9 AZR 732/13

Even if the training position was supported with public funds, the trainee's remuneration must be appropriate in accordance with Section 17 (1) BBiG. The appropriateness depends on the individual functions of the remuneration. One function is to help finance the livelihood of the trainee or their parents. The remuneration is also intended to ensure that a sufficient number of qualified skilled workers are trained. Last but not least, remuneration is also a form of payment to a certain extent. However, in the case of publicly funded training places that would not exist without state support and where the training provider does not benefit from the trainee's work performance, the remuneration aspect does not apply. Nevertheless, the functions of financing livelihoods and promoting young talent must continue to be taken into account when assessing appropriateness.

Labor law

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