RIGHT-LEGALLY - Newsticker 01 + 02/2007 of 19.01.2007
Law office Kronenberghs http://www.rechtlegal.de
(openPR) - industrial law - leaving barness of compensations
The Federal Labor Court (BAG) has itself letztinstanzlich to the Az. 1 AZR 322/05 with the question, whether and how compensations are inheritable concerns.
Concrete case was a coworker, who should receive a compensation from a social plan negotiated with the employer, before however deceased. Inheriting the employee were the opinion to have on this compensation requirement complained therefore by all work-judicial instances, in the long run however unsuccessfully, as the BAG in the judgement determined.
Afterwards have an inheriting of an employee deceasing before maturity of a compensation requirement on the compensation only if this is expressly as inheritable characterized or agreed upon.
Industrial law - repayment of costs of education
The over rolling of costs of education by the employer on the coworker is usual. Usually extensive sets of clauses between the parties of the work contract are agreed upon, which regulate the repayment - graduated after duration of seniority and further factors -.
Somewhat more simply it wanted to make itself an employer, which took up the short clause with alleged Prägnanz to the work contract that costs of education must be paid back when completion in each case.
After this employer quit to an employee and reclaimed this the paid costs of education, against what the employee objected, this could not be, it arbeitgeberseits operatingconditionally had nevertheless been quit, argued the parties by the instances up to the Federal Labor Court (BAG) that the affair to the Az. 9 AZR 610/05 as expected to favour of the employee with reference to the constant iurisdiction of the labor courts decided.
Traffic law - prohibition of minicomputers when driving
The operation of minicomputers, so-called Handhelds or PDAs, is while driving forbidden to Karlsruhe just like of mobile telephones without free speech mechanism, like the higher regional court (OLG) to the Az. 2 Ss 213/05 decided. Had resisted a driver, who just such an equipment when driving used, and by which police with penalty and one point in Flensburg were occupied.
The Karlsruher judge decided that the dangers are just as large during the operation of such computers as when telephoning without free speech mechanism, why the operation of the devices is forbidden by SE while driving.
The team means of RIGHT LEGAL augenzwinkernd: “Apparent is only dictating machine while driving permitted to lawyers and cognate occupational groups the operation one - at least similar -.”
Insurance law - uninsured purchase price fraud
An not legal protection-insured Kfz salesman received a cheque with the sales of his car over the purchase price, which actually not is problematic. Problematic it was only that the cheque was uncovered, which was however only noticeable, when the sold Kfz was including key and letter away.
Short hand announced the salesman the fraudulent purchase of its car to its Kasko insurer with the reason, its Kfz was stolen, and theft was insured. The Kasko insurer refused as expected the adjustment and let the insured salesman by the instances complain.
Letztinstanzlich decided the higher regional court (OLG) Saarland to the Az. 5 U 650/05 100 that it concerned with the sales against uncovered cheque a fraud, which does not represent an insured case of theft.
In own thing I - logistics right
Attorney Kronenberghs holds 2007 lectures in the context of two-day seminars in Munich, Frankfurt and Duesseldorf in the period April and May to the logistics right, essentially to legally interesting questions to international logistics and outsourcing.
Further details are supplied later, documentation are at the team of RIGHT-LEGALLY available.
In own thing II - Mailserver with 1&1 down
Since beginning of the week the 1&1-Mailserver is only reduced available, why you keep more newsticker somewhat later this than otherwise. Detailed ones mails were delivered on the first two days, current seem hardly to normalize itself the problem. Outgoing ones mails do not seem to be concerned.
We ask therefore our mandators, who sent 14.01.2007 to that mails to RIGHT LEGAL, in this way again, if it concerns important and hasty affairs, for transmittal, additionally best by fax.
Finally still another reference in own thing: Older ones new find you in our archives.
Their team of RIGHT LEGAL
TH. KRONENBERGHS - ATTORNEY AND 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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