RIGHT-LEGALLY - Newsticker 06/2007 of 15.02.2007
Law office Kronenberghs http://www.rechtlegal.de
(openPR) - industrial law - termination agreement and bad-cunning deception
Often come it in connection with operating transitions or quiet putting of enterprises and divisions to termination agreements between employers and employees. In principle here nothing speaks also with an operating transition, if the employee concerned is not to be taken over by the Erwerber of the partial enterprise.
If however the employer only pretends the quiet putting of its enterprise or a division, the termination agreement supported by it is not effective. This has the Federal Labor Court (BAG) to the Az. 8 AZR 394/06 decided and further implemented that the employee can contest the termination agreement because of bad-cunning deception, which presupposes however that he, to which employee proves the bad-cunning deception.
Industrial law - cancellation without notice with offense
If the employee insults a superior, the employer may quit the employer-employee relationship in principle without notice. This has - completely as expected - the Higher Labor Court (LAY) Rhineland-Palatinate to the Az. 10 SA 991/05 decided.
The reason is interesting, according to which the employer-employee relationship may be quit in principle with offenses without notice, but an exception seizes if the employer-employee relationship exists for a long time. Then no without notice is despite the offense, but only one would period-in accordance with-eat notice to be possible, in order to be able to separate from the insulting employee.
The team will be of RIGHT-LEGALLY has little understanding for this view of the things and endeavored to find further details out for this to develop above all, whether the duration of the seniority of the employee must be set into relation to the weight of the offense, in order a guide when one would period-in accordance with-eat instead of the cancellation without notice with which length of employment to be considered is.
Product liability - sharp Nissan Micra
Also - after knowledge of the team of RIGHT-LEGALLY valid - judgement has at the beginning of the yearly the district court gel churches the Renault Nissan Germany AG to the Az. 32 C 247/06 to EUR 800. - Smart money condemns.
With the attempt to put on the belt a driver Nissan of a Micra tightened itself several centimeters at the sharp edged belt guidance a long cut, which left a scar. The district court gel churches did not evaluate this edge as error in the sense of the product liability law, that in cases like this always critical team of RIGHT LEGAL commentates this decision better.
Insurance law - rough negligence and jacket pocket
The regional court Coburg has with a decision remarkable in style and diction to the Az. 22 O 98/06 decided that no rough negligence is present with theft of a Kfz, if a lady, who visits a concert, which autokeys in Jackernta stows away, if no reference points for it are present that the jacket is not always supervised.
At this decision would expectation-in accordance with-eat less result, than rather the diction of the reason is remarkable that the lady cannot count on it, so literally in the reasons of the decision, “not yet from the Flegeljahren come young man” the keys from the jacket steals, in order to then steal the vehicle likewise.
The Netherlands - higher insert safety device
The legal insert safety device with Netherlands banks was doubled. Thus contributions to EUR are 20.000. - completely secured, the further EUR 20.000 going beyond that. - to 90%.
A simple trick for the duplication of the insert safety device with Netherlands banks, which pay usually higher interest than German banks, is with spouses to open a joint account since with Gemeinschaftskonten the amounts are doubled.
Mean competition - Märklin against Piko
The regional court Cologne has to the Az. 81 O 119/06 the well-known railway model construction amateur Märklin in the Kontor written that, if two enterprises copy a course for railway model construction friends these courses must have inevitably a substantial similarity.
The “reproduction” of the ICE 3, over it before court goes not complaining of is and of the principle so mentioned of the imitation liberty covered. Also from it that the company Märklin manufactures the mentioned ICE model already longer and an actual monopolistic position has, it follows nothing else.
Jobs and upswing
Institut for economic research in resounds (IWH) registers a clear increase of conditions of employment, which are however mostly limited. Are expected far strong rises of the Leiharbeit, first of all in the new Lands of the Federal Republic, but up-to-date still no creation of new and unlimited jobs.
At the same time the IWH before lack of specialist warns with highly-qualified workers.
Finally still another reference in own thing: Older ones new find you in our archives.
Their team of RIGHT LEGAL
TH. KRONENBERGHS - ATTORNEY - SECURITY ADVISOR
LÜNEBURGER STR. 54 - 21395 TESPE/ELBE - RA@RECHTLEGAL.DE
TELEPHONE 0 41 76/91 26 00 - FAX 0 41 76/91 26 02
www.rechtlegal.de
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