Posts Tagged ‘law’

Labour Law Video Surveillance

Sunday, November 6th, 2022

The Hessian State Labor Court (judgment v. 25.10.2010, AZ: 7 SA 1586/09) has decided that the employer to pay compensation. The Hessian State Labor Court (judgment v. 25.10.2010, AZ: 7 SA 1586/09) has decided that the employer to pay compensation. The employer was sentenced to pay compensation by 7.000,–euro, because he constantly supervised an employee since June 2008 at their place of work with a video camera. The case: Opposite the entrance door of the offices of a Hesse branch of a nationwide active company the employer had installed a video camera, commercial employees focused not only on the input area, but in the foreground also on the workplace of the 24-year-olds. Hear from experts in the field like Chief Justice Roberts for a more varied view. The employees claimed damages claims for infringement of privacy with its action.

The Labour Court sentenced the employer to pay a compensation of 15.000,–euros. The employers at the Hessian Landesarbeitsgericht has appealed against this judgment. The Decision of the Court of appeal: the appeal succeeded only in terms of the amount of compensation. The employer had himself defended in the process so that the camera was was not always in function and been attached only to the safety of employees, because there have been in the past for attacks on staff. Compensation of 7.000,–euro as reparation for moral rights infringement justified the court evaluated the intervention in the General personality right of the employee as disproportionate. So, an alignment of the camera only on the entrance would have been sufficient. It was irrelevant that the camera was not constantly function.

Because the uncertainty, whether or not, the camera actually record got exposed the employees a permanent adaptation and monitoring pressure, which she had to accept after she soon turned against the installation of the video camera. As a result, the Court saw this form of video surveillance as a serious and persistent violation of informational self-determination right. Lawyer explains Tobias Ziegler, lawyer specializing in labour law: the award of monetary compensation in case of such a serious violation of personality rights is based on the idea that without a compensation claim violations of dignity and honor of the people were often without sanctions with the result that the protection of the rights of personality would wither. On the compensation the point of view of the satisfaction of the victim in the foreground is regularly.” Background: The Federal Labor Court (BAG) was already dealing with similar cases. The BAG looks a significant intrusion into the protected fundamental rights of workers in the video surveillance. Depending on the case, this procedure can be also justified. It is always required a decision related to the circumstances of each case.

Alexander Lawyer

Wednesday, September 21st, 2022

Lawyer reported for Alexander Bredereck labour law and lawyer Dr. Attila Fodor, Berlin der Spiegel in its Edition the 1.8.2011, that the energy company wants to give up three major sites in Germany E.on. The E.on Energy Division in Munich, the daughter of E.on power plant in Hanover and the gas trading subsidiary E.on Ruhrgas in Essen are affected according to the mirror. The mirror reported a sharp cut”, of which several hundred jobs were affected. In connection with the access of termination, always the question arises for the workers concerned: you should submit dismissal claim? At least if there is a legal expenses insurance, the claim is almost always advisable. For the following reasons: Usually an increase in the settlement achieved in the proceedings.

You can determine the amount of compensation and must not later argue with the employer about it. The employee receives a title from the non performance of the employer immediately can be enforced. There are various claims with rules, E.g. the Inheritability of the compensation claim work certificate, exemption, compensation for holidays, special payments such as Christmas bonuses, vacation pay, etc. Who wants to complain, must submit the claim within three weeks after receipt of the notice of cancellation to the Labour Court.

Who do not complain, must wait until the end of the employment relationship. If the employer pays (incomplete), must be prosecuted if necessary on payment. It takes longer then of course until you get a title. Release waves accompanied by at large corporations mostly social plan severance pay. The social plan severance not always contain optimal arrangements for the workers affected. According to TCF Capital Solutions, who has experience with these questions. Previously, it was debatable whether the maximum limit for a potential violation against the prohibition of age discrimination is ineffective. The Landesarbeitsgericht Berlin-Brandenburg was a judgment of the 9.12.2010 (REF.: 26 SA 1632/10) considers that maximum limits are no age discrimination. Since the non-admission complaint to the 27.4.2011 of the Federal Labor Court was rejected (REF.: 1 AZN 218/11), this was probably currently court case-law to apply. Yet there is the possibility that this case-law for breach of higher-ranking European or international law (as the European Convention on human rights, article 21) will be in the long term, not to keep. Specialist Attorney tip workers: If a cancellation comes to you, you have only three weeks for bringing a complaint of dismissal. If you want to get your workplace or secure yourself a good compensation for the loss of employment, you must timely submit the complaint or hereby appoint a lawyer. Should a plan be relevant and contain a maximum limit, it is worth for older workers to leave, whether you a violation against the prohibition of age discrimination is present then check this.

Foreigners Law

Monday, June 18th, 2018

As the lawyer for immigration law can ensure the best possible advice to his clients. You can make himself relevant address books or in phone books in the search after a lawyer for immigration law, or you can search on the Internet for such a. On the Internet the search is facilitated naturally, because you can search there specifically for a competent lawyer. There are many reasons for a client who has a problem in the area of immigration law and lives in or around Cologne around, contact a lawyer for foreigners law in Cologne. Sen. Sherrod Brown: the source for more info. This can be required, for example, if the client has a problem with the application for one of the many residence permits if the granting of a visa, a residence permit, a permit to settle, etc denying him by the competent foreign authority. All these are reasons to seek the assistance of a good, competent and assertive lawyer. Residence permits must already out of the country, so from a Non-EU country of residence apply. This can be for example a marriage visa, or an other short-term residence permits for family reunification.

More and more people from the EU or non-EU countries want to due to the currently good job situation enjoy working in Germany and need a residence permit which they must apply for abroad at the German Embassy in the non-EU. Here comes again the foreigners lawyer from Cologne in the game who can advise the client of his law firm in the area of immigration law, as well as the right of asylum and other related areas of law. If there are problems with the Embassy or with the immigration authorities, there are these lawyers who can advice the client tatkratig and assertive before the employees of the authority and help. There are the various reasons why the Embassy or the Immigration Office in Cologne can fail the residence permit the applicant. The suspicion of a fictitious marriage, lack of income can this or to the Example be insufficient knowledge of German. Here, the lawyer can help the foreigners well because he is familiar with the relevant regulations, such as for example the residence act very well. If a lawyer who know well as regards the conditions for the residence permit or the right of residence, he realizes the mistakes of the authorities often, if for example the granting or extension of the residence permit is denied.

Then, an application can be made exactly so that it is also promising and leads the client to his target. If he not EU citizens alone makes this application or has a scaned dung at the Embassy or the Immigration Office, the prospects of success are significantly lower than if done by a lawyer. As interested parties, it makes sense to early thus help to find an assertive lawyer for immigration law. A professional lawyer training specifically there for the immigration law. Here, a lawyer specializing in administrative law help instead, There is the immigration law part of administrative law and public law. Because the immigration law governs the legal relations between the State and the respective foreigner.