Tag Archives: law

Labour Law:

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Wrong salutation of a woman with “Dear Sir” in letters of rejection on an application no discrimination according to the AGG is the Labor Court Dusseldorf (judgment of the 09.03.2011 AZ: 14 CA 908/11) decided: incorrect salutation of a woman with “Dear Sir” in letters of rejection on an application no discrimination according to the AGG represents is accidentally wrongly addressed an applicant rejection letter, so this represents alone not discriminatory under the General equal treatment Act (AGG). The case: The applicant applied to the respondent for the job as food-technical assistant. Their application was rejected. In the rejection letter, the applicant was incorrect with Sir”addressed. She believes that results from this title, that she had not been set because of their migration background. The plaintiff demanded a compensation in the amount of Euro 5,000.00 by the company. To justify she led among others that application documents clearly showed from her, that she was female.

The company have but obviously ever seen on your application and from her name alone suggested a migration background and sweeping rejected the application therefore. The decision of the Labour Court of Dusseldorf: The Labour Court rejected the claim. “Lawyer Tobias Ziegler, lawyer specializing in labour law from Dusseldorf explains this: A compensation claim under 15 para 2 AGG presupposes that the applicant because of a referred AGG characteristics such as race or ethnic origin is been discriminated against the in section 1.” Presentation of the applicant is sufficient not to accept of a disadvantage according to the legal arrangements relating to the burden of proof in the court proceedings it enough worker submits facts from which general life experience an overwhelming probability of such a deprivation resulting. The employer must prove then that no discrimination exists”, lawyer continues in employment law Tobias Ziegler. The Labour Court Dusseldorf has now ruled that the submissions of the applicant for such burden of proof shifts to the employer is not sufficient. The confusion in the title let suspect no discrimination due to race or ethnic origin. Unless lying that a simple error was the incorrect salutation in the rejection letter when editing this letter based just as likely, if not even closer. Background knowledge: Inform themselves in this context also about the issue of bullying in the workplace and about the rules of the General equal treatment Act (AGG) see: anwalt-ziegler.de/arbeitsrecht/mobbing.htm

Tax And Labour Law Aspects Of Winter Weather Conditions

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The firm Farooqui from Essen informed In the winter weather chaos it comes every year to the creation of countless accidents and delays, which influence in the contractual relationship between an employee and an employer. The Essen Office Farouk portrays what tax and labour consequences these circumstances. Workers involved in connection with a double budgeting in accidents on the way to work, caused operational tours and family journeys, may make them this incurred financial expenses as expenses claimed. The Treasury initially allowed the assertion of directly caused the accident repair costs, regardless of whether the employee has or not caused the accident. More tax eligible expenses are as a result of the accident, costs for lawyers, surveyors, processes and compensation.

No repair of the accident vehicle should be performed and his ordinary life not yet exceeded, workers can tax deduct also its impairment. Basis of tax deductibility, however, is that in question do not already is paid from other sources, such an insurance. In this case, the marketability on the excess portion of the employee is limited. He has also to take an increase in his insurance premiums in purchase, the workers may claim this additional amount as deductible limited Special Edition. The wintry weather caused not only accidents but also widespread delays on public transport and traffic jams. In the course of these conditions millions of workers take delayed their work year after year. The labour obligation of the employee to bear the risk of the way, the employer’s wage payment obligation does not apply in weather-related delays.

Exceptions arise out of collective agreements. In contrast, the obligation for the payment of wages, is no longer necessary if workers at their place of work due to the winter weather can not work. Alone the employer bears the operating risk for dropout heaters, machinery and the like. In practice it proves for the inexperienced tax taxpayers often quite hard, to tax correctly claim the costs of accidents. The tax professionals of the Essen Office Farouk assist clients, starting from their expertise and experience, at any time with regard to the assertion of accident costs. Press contact firm Farooqui contact: Michael Forschner of certified public accountant and tax consultant Huyssenallee 52-56 45128 Essen Tel: 0201 245830 fax: 0201 2458350 email: Homepage: