Posts Tagged ‘law’

Labour And Compensation

When owes the workers compensation? Labour law in Germany is trying to bring about a fair balance between the interests of workers on the one hand and on the other hand, the employer. This attempt in the past despite constant complaints of both sides very well succeeded in basically, is to realize that the industrial peace, the basis for the economic development of in Germany is, can apply for several decades as secured. Of course does not labour law here to satisfy all interests. Every employer wants more freedom in decisions relating to its employees. And it would of course prefer, every worker if he could achieve a stage of Unkundbarkeit an official.

The truth is, as so often in the middle. Indeed labour law holds to but, a quite reasonable mechanisms for both sides to conflicts that may arise in the execution of an employment contract, solve. There is, for example, a copious case law on the question of what has to happen in breach of contract. “One can safely assume that the so-called Underachiever” with belongs to the questions for the employer side, most employ an employers. And it is clear that an employer is not immediately can separate by way of termination of his employee, if he is again not satisfied with the performance of its employees. Always a warning is possible in the case of contrary bad performance. With the help of a cease and desist letter to the workers clearly demonstrated that the employer is not willing, longer accept the breach of contract and continued bad behavior of the employees is also a termination in question run. A cease and desist letter is”a shot across the bow.

A warning for the workers concerned has financial consequences. Indeed, it is also denied an employer under the labour laws in Germany, a reduction of the salary due to the employee to carry out because of poor performance. The Law Institute of the reduction is known in German law but from other types of contracts such as the factory – and Sales Convention, belong to the service contract law labour law, a reduction of the compensation is not possible. However, a misconduct of an employee for this can have very well financial consequences. Because of course an employee has to be just his employer basically for damage he has caused this by his poor performance. Learn more at: Dr. Caldwell B. Esselstyn, Jr.. This follows alone from the right thought that even with a working relationship both parties are obliged to cause no damage to the other party. Indeed, the liability for damages of the worker in the German labour law however has limitations. Of workers liable employers generally only for intentionally or at least negligently damages his contract partner. And even in the event of gross negligence must be according to the Case-law of the Federal Labour Court an interests are made.

How To Behave At A Cease And Desist Letter?

File sharing warning from Waldorf of Frommer a cease and desist letter for file sharing is already serious enough. This is even more tragic when Waldorf of Frommer’s letter comes. For at the Waldorf of Frommer’s lawyers can be spoken by real delusion with cease and desist letters. But what is in this case? A letter is in the post, this includes a cease and desist letter regarding sharing of Waldorf of Frommer. Here you accused, that you had downloaded something from the Internet criminally.

So the case is unanimously concluded, you have to pay up to thousands of euros for the download to a specific point in time. Otherwise the lawyers will initiate continue to take legal action against you, what is obviously still significantly more expensive. So you resist the best… It is possible that you have received a cease and desist letter, despite that you have done nothing. For this reason will talk about the so-called watchdog delusion. This is only possible in principle, when details were passed on by third parties.

You must oppose it but just against it. Gar nothing to do the right thing is in no way, if you have received a cease and desist letter for file sharing. It is nor conducive to a self-written letter in which they claim their innocence. On the contrary, can occur directly to a procedure, which is extremely expensive. You will need support from a specialist or a Rechtssachverstandigem. This should be responsible for the Internet right to advise you correctly with file sharing. Expenses for the advice to invest of course legal advice requires money. This can be between 100 and 350 euros, but these are expenses that are paying off for you. The lawyer will immediately contact for you lawyers Waldorf of Frommer. In the correspondence, everything is done to make the case for the world. After the first Exchange of letters claim continue to pay the lawyers of the opposition. You should hang in there but steady and follow the advice of the Advocate General. Because the watchdog delusion is very well known that also. On the advice of your legal counsel will receive also the tip to sign not the letter of the other side. Your legal expert will prepare a separate letter for you, that you need to sign. If you receive a warning from Waldorf of Frommer, you make an appointment directly with their legal counsel.