The Bagatellkundigung of employer, lawsuit and settlement in the recent past have various spectacular rulings stir made, where the termination declared by workers due to relatively harmless assets offences to the detriment of the employer for lawful (case Raleigh, Krishna or Emily in the first two instances, electricity theft, theft of buns, among others. As a general rule that assets offences can regularly justify a termination of the employment relationship without prior warning to the detriment of the employer. How much it arrives here, but always on the circumstances of the case, shows a judgment to the Landesarbeitsgericht Schleswig-Holstein (Schleswig-Holstein, judgment of the 13.1.2010, AZ. 3SA 324/09 was). In case of local workers had invited controversial consultation with the superiors and the company – on the trailer of his private car’s the part of an old, destined for disposal work bench after one – the content between the parties. The Workers knew this law because he believed to have granted a permit for this. Accordingly, he loaded the parts to be taken not secretly, but during working hours.

This management was observed and made the speech. Then, his employment was terminated without notice, in the alternative orderly. This cancellation saw the Landesarbeitsgericht – as well as before the Labour Court – proven ineffective. Here, a warning would have sufficient to prevent a repeat of the offending employee behavior. The employers fell here to the last that he probably ever had allowed in the past that no longer needed parts were taken by workers.

Against this background, a warning would have sufficed from the workers in the future to show that such behavior will no longer be accepted. Moreover that economically no damage could occur to the employer and that the employee was not secretly. Incidentally, also Tom ultimately got right. But she had to for up to the Federal Labour Court and won mainly because she previously worked 30 years complaint-free had. Who can say the same? Employee Tip: basically should any employee be clear that even of reasonable suspicion of a capital offence anyway a proper termination of the employment relationship can justify a termination, with even a small financial loss for the employer in principle. The times where you or similar without hesitation grabbed a stationery, tool of the employer, and the excess food from the kitchens consumed in private, should a truly over be. Often, employers use such incidents to get rid of troublesome or expensive to workers. Did you receive a notice usually bringing a dismissal action to at least have a severance package worth to get. Employer Tip: introduce clear rules in your company for the handling of company property and ensuring strict handling. Otherwise, you risk in case of a termination without notice of an employee charges expose oneself to, that such behavior was common operation and therefore the awareness of wrongdoing is denied the workers. If necessary, it is advisable to alert all staff again expressly in writing on the future correct behavior. A post by lawyer Alexander Bredereck, Berlin lawyer specializing in labour law polymath welcome lawyers Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 e-mail: about labour law:

With saying the cease and desist letter, the employer has waived his right of termination for the concrete behavior. So the workers must not worry about obtaining later a notice for same issue. Kundigung come into consideration, if the worker repeated behavior have off. Who was called off due to lateness, should take care in the aftermath of embarrassing attention to appear at work on time. Several warnings to discipline, including termination may be required depending on the severity of dunned down behavior. So although constant tardiness a worker, who also was called off, basically justifies the statement of termination, but two – or three-time delays is not sufficient within a longer period for this purpose. There is no fixed time limit for the duration of a cease and desist letter. The circumstances of the case are crucial – for example the gravity of the offence.

An unwarranted warning is immediately from the personnel file take. The employee may request that his reply is recorded in the personal file. He can verify this through consultation of the personnel file. Specialist Attorney tip workers: If you receive a cease and desist letter, with which you disagree, a reply to the personnel file is enough. Complain should you against a warning anyway, in the private sector only if you want to deliberately provoke the employer, about achieving a cancellation and future severance payments. Who hopes to be able to save his job, yet should abandon a lawsuit. In case of a later cancellation, the employer must prove the accuracy of the warning.

He can’t do that because of the passage of time in the meantime occurred often. Specialist Attorney tip employers: brevity is the soul of wit. Warn all breach separately. Can later also only a small part of the dunned down behavior not be proven, the whole warning is invalid. A post by lawyer Alexander polymath, Berlin lawyer for Labour law polymath welcome lawyers of Berlin-Charlottenburg: Kurfurstendamm 216 (corner of pheasant road), 10719 Berlin (Metro station Uhlandstrasse, suburban trains and Metro station Zoologischer Garten) Berlin-Mitte: Palais am Festungsgraben, 10117 Berlin, access via road under Unter den Linden (rail and subway station Friedrichstrasse) Branch Office Berlin-Marzahn: Marzahn promenade 28, 12679 Berlin (Bahn Marzahn) Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail: about labour law:

Why do many Germans prefer the purchase on account as a new customer? Invoice purchase for new customers – because as a new customer you should order on invoice today can I pay for goods in different ways: invoice, credit card, by cash on delivery or through a direct debit. If someone in his store, where he buys what every day, so it is it not clear that he buys the goods for the account. The cashier makes her work: she takes the stuff from the band, typing any numbers. Get the receipt in hand, there is the Bill. Nieman Lab will undoubtedly add to your understanding. So one can say that was just a purchase on account. The receipt has a great importance, which is a document. If the purchased goods the buyer is ultimately not satisfied, so he can with this receipt in the business again go back and return the one I purchased. The return works quite good for a purchase invoice, you have proof of Yes.

When placing an order through the Internet, there are the purchase on account as a payment. The provider send its goods and put the Bill in the show. The recipient has enough time to see to the merchandise well. He is satisfied with the goods so he goes to the Bank or paid it again through the Internet. Today, so more and more people make home banking. There is always a risk for the sender, who offers its product for purchase on invoice. There have been so few cases of misunderstandings just the goods was not paid or she came back again, which is indeed not a pleasant deal for the seller. Therefore, the purchase invoice for the party is not so popular.

A direct debit is the most secure payment. As the Internet increasingly affects our lives, there is also often a purchase on Internet sites. Most Internet users then decide to purchase on invoice. For online customers, the purchase invoice has an attractive page: he can now order and gets the goods very quickly about the payment he can worry later. Some sellers use a certain Period of several weeks, some are only a few days. If someone is currently strapped for cash, he has the ability to treat a break of number of with the purchase invoice. That must agree each with the seller personally but. The times offered often larger stores, the time span is up to 90 days. So a purchase on account is customer-friendly and is used often. It could be also that you are just on vacation and can’t see the package arrived. It is so at home and waits until one returns to the hometown. In this case, it is very important that a payment holiday is agreed. The other providers remain at the fortnight. So the goods must be paid within this period. Will be not the case, so come reminders in the House. So everyone must decide how he wants to pay for best goods to buy. Breaks of number of are good, but to be able to use the goods must be just as fast as possible also be paid.

Note: The tax authorities granted a transitional period. The new provisions are to apply only from 1 October 2013. All companies that provide food and drinks, therefore six months, remain to make the new rules to change its accounting, calculate prices or to change their range of services. As far as the new rules are less expensive, they can be applied but for sales, rendered after June 30, 2011. You have still questions? Please contact us. We are happy to advise you. Volunteering support act has overcome the parliamentary hurdles volunteering will be rewarded with the volunteering support act the tax-free packages increased retroactively to January 1, 2013. The so-called exercise head lump sum raised from 2,100 EUR to 2400 EUR.

Tax funded part-time acting as facilitator, trainer, or the part-time care, old, sick or disabled people. Prerequisite is that the activity in the service or order of a legal person of under public law (such as district, Community Association, Chamber of Commerce) or an association, which tracks charitable, benevolent or religious purposes, is performed. Also voluntary workers, guardians and caregivers can take tax-free up to EUR 2,400 this year cost packages. However, earnings for part-time work as an instructor etc. and expenditure packages are a total maximum tax amounting to EUR 2,400.

Also the so-called voluntary work package will be increased: from EUR 500 to EUR 720. Thus, it supported any volunteer activity carried out for non-profit associations and church institutions, such as also for any activity as a Board of Directors, Treasurer, Manager, service, cleaning service, or also for the service of parents away from children. Law allows a more flexible use of funds which are statutory changes clubs more flexible planning for the use of their means allow and facilitate investment. So, the deadline for the use of funds for two years was extended. So far, tax advantaged clubs must spend in the year after their inflow for their charitable goals their revenue.

Do good and save at the same time taxes the Foundation makes it possible you must mean not Alfred Nobel or be a famous TV star, to engage socially with his KapiTal and to establish a foundation. It is for art and culture, for the children and youth welfare or for the protection of the animal. There is also nothing objectionable, that by the way even more taxes can be save with the Foundation. Who has ever thought about the creation of a Foundation, know one thing very well: here it MEXICO is not around any charitable donation. Rather the aim is to set a fortune, with which the Foundation can permanently serve an exactly definierten purpose during his lifetime or by will. Liberty of course the founder, to determine the objective of his social Engagements itself. The civil code (BGB) only says that the purpose of the Foundation must not endanger the common good. What advantages does the founder? Dr.

Doris Schroder-Weber, “Lawyer and beraterin for prevention and Foundation issues, gives a clear answer: who establishes a Foundation, can among other things an important contribution to the public welfare, regulate the succession, virtually unlimited to preserve his life’s work – and tax benefits by the way actually even.” As far as actually a good and clear thing, but the devil is as you know in the detail! For example, in the State laws that govern the complex framework of an establishment of the Foundation on the basis of the civil code. Therefore, Dr. Schroder-Weber recommends all future donors learned to accompany their plans to leave. As a lawyer and member of the German Association for inheritance law and property succession (DVEV), she knows the GESetze and regulations. In addition, it cooperates closely with the Federal Association of German foundations.

What save the issue of taxes ‘ concerns, so Dr. Doris Schroder Weber relies on the ErfahrunGen of competent tax advisor. If the Foundation serve to regulate the succession, that happens in cooperation with lawyers who specialize in corporate law and contract law. Dr. Doris Schroder Weber: Experience, patience and empathy Dr. Doris Schroder Weber is equally advocate and consultant. Sensitive and prudent in dealing with your clients and customers – but also adamant in asserting their interests. Some spectacular cases that were present both in television and in newspapers, emphasize their expertise in family law. Living will, health care proxy, execution of the will or a Foundation – Dr. Schroder-Weber offers an exceptional service all who wish their advice: also visited their clients on request in the familiar home environment to find a suitable solution together.

Foundations are still underestimated the decision to build a foundation that requires a lot of preliminary decisions: legal and tax aspects, but also fundamental decisions for the purpose and form of the future Foundation are very important. Aim is always, to determine the optimal implementation of the idea. Each Foundation is unique and is formed from the respective situation and according to the wishes and needs of its founder. This offers many advantages and possibilities the donor no matter whether self-employed or trust. A good advice is important here. The project should be built from the initial idea to well thought out. Any questions should not defer the donor but to be clarified with experienced founders, or better yet, an experienced lawyer.

A good example of this is lawyer Dr. Lutz Forster, which for many years the Foundation right has specialized in and just know to pay attention to what Mr. Here it is in relation to the Foundation Law well hedged, so serious errors are ruled out. The idea of the purpose of the Foundation can have many wallpapers. The desire, you might like to build a 2nd pillar part-time, his life’s work may use or after death to secure one to help a seriously ill loved ones. But also the tax advantages are not to have the hand.

Unfortunately many people don’t dare to the step, though this is really very good to realize a good assistance. Maybe we hear soon from your own Foundation, we would be pleased, because each Foundation is a real winner. V. Edwards