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Liability trap for the entrepreneurial company
In shareholder disputes, the redemption of shares often follows the preliminary failure of negotiations and means the transition to legal proceedings. Many details must be taken into account when passing a resolution. For the resolution, the formal and procedural requirements must be observed and documented.
Voting by circulation - No correction or revocation possible
In shareholder disputes, the redemption of shares often follows the preliminary failure of negotiations and means the transition to legal proceedings. Many details must be taken into account when passing a resolution. For the resolution, the formal and procedural requirements must be observed and documented.
No payment obligation of a consumer in the event of revocation after fulfillment of the contract
The COVID 19 pandemic has led to increased digitization in many areas of our lives - including associations. As early as March 2020, Section 5 (2) no. 1 of the Act on Measures in Corporate, Cooperative, Association, Foundation and Condominium Law to Combat the Effects of the COVID 19 Pandemic (COVMG) enabled digital decision-making in associations. However, these regulations were only effective until the end of August 2022.
Termination due to offensive comments in a chat group
Since the introduction of the inflation compensation premium in October 2022, some employers have taken advantage of the option to provide their employees with a tax- and duty-free payment of up to €3,000 to mitigate the impact of increased consumer prices.
Limits to employer access to WhatsApp messages and email histories
Since the introduction of the inflation compensation premium in October 2022, some employers have taken advantage of the option to provide their employees with a tax- and duty-free payment of up to €3,000 to mitigate the impact of increased consumer prices.
Subsequent review of short-time working allowance notices by the employment agencies
Since the introduction of the inflation compensation premium in October 2022, some employers have taken advantage of the option to provide their employees with a tax- and duty-free payment of up to €3,000 to mitigate the impact of increased consumer prices.
Can a shareholder of a GmbH appeal against the decision of the register court? - OLG Düsseldorf of 16.03.2023 - 3 Wx 55/22
In July 2022, the German Cabinet had approved a government draft for the Whistleblower Protection Act (HinSchG). The Whistleblower Protection Act (HinSchG) is the German implementation of the EU Whistleblower Directive, which aims to establish standardized protection for whistleblowers across the EU for the first time.
Reform of regulations on anti-discrimination, harassment and violence in the workplace
Since the introduction of the inflation compensation premium in October 2022, some employers have taken advantage of the option to provide their employees with a tax- and duty-free payment of up to €3,000 to mitigate the impact of increased consumer prices.
Interim injunction as (additional and quick) protection of the shareholder position
In shareholder disputes, the redemption of shares often follows the preliminary failure of negotiations and means the transition to legal proceedings. Many details must be taken into account when passing a resolution. For the resolution, the formal and procedural requirements must be observed and documented.
The Whistleblower Protection Act comes into force!
In July 2022, the German Cabinet had approved a government draft for the Whistleblower Protection Act (HinSchG). The Whistleblower Protection Act (HinSchG) is the German implementation of the EU Whistleblower Directive, which aims to establish standardized protection for whistleblowers across the EU for the first time.
Dr. Philipp Bollacher now Certified Consultant Business Law for Medium-Sized Companies (DASV e.V.)
Our partner Dr. Philipp Bollacher is now a "Certified Consultant in Business Law for Medium-Sized Companies (DASV e.V.)". We congratulate and are pleased about the recognition and the confirmation of quality and experience.
Inflation compensation premium for overtime compensation
Since the introduction of the inflation compensation premium in October 2022, some employers have taken advantage of the option to provide their employees with a tax- and duty-free payment of up to €3,000 to mitigate the impact of increased consumer prices.
It's high (working) time - draft legislation to revise the Working Hours Act
Quite suddenly and abruptly, a draft bill by the German Federal Ministry of Labor for a new version of the Working Hours Act was announced in the press today, which is intended to translate the long overdue requirements of European and also German case law on the subject of recording working hours into a statutory regulation.
Modernization of commercial and corporate law: Online formation of GmbH and UG possible without a visit to a notary's office
Since 01.08.2022, it has been possible for (future) shareholders to establish a GmbH as well as a UG (limited liability company) online. It is also possible to certify commercial register applications online, for which a visit to the notary was previously necessary.
BAG on compensation for damages in the event of a breach of the Evidence Act
After it had been very quiet around the Nachweisgesetz for several years and the initial excitement around its amendment in August 2022 had initially died down again, a recently published decision of the Federal Labor Court on the employee's claim for damages in the event of a breach of the Nachweisgesetz illustrates its (increased) importance.
Inheritance law difficulties with a one-person limited liability company
Recently, the Berlin Court of Appeals issued a decision regarding the eligibility of a community of heirs within a GmbH.
Labor law/data protection: 10,000 euros in damages due to late fulfillment of the right to information
In HR practice, employees are increasingly asserting their right to information under data protection law in accordance with Article 15 (1) of the GDPR in cases of conflict and termination under employment law. However, the aim here is in very few cases to obtain knowledge about the data stored by the employer.
New registration requirements for real estate civil law partnership (GbR)
The German Act on the Modernization of Partnership Law (MoPeG) fundamentally redesigns the GbR as an external company.
Digitization in associations: What the new provision of Section 32 (2) of the German Civil Code means for associations
The COVID 19 pandemic has led to increased digitization in many areas of our lives - including associations. As early as March 2020, Section 5 (2) no. 1 of the Act on Measures in Corporate, Cooperative, Association, Foundation and Condominium Law to Combat the Effects of the COVID 19 Pandemic (COVMG) enabled digital decision-making in associations. However, these regulations were only effective until the end of August 2022.
Federal Labor Court: ruling against the gender pay gap
In its ruling of February 16, 2023 (Case No.: 8 AZR 450/21), the Federal Labor Court decided that a woman is entitled to equal pay for the same work or work of equal value if the employer pays male colleagues higher pay on the basis of gender.
At least claims to compensation for vacation become time-barred after three years
On December 20, 2022, the Federal Labor Court ruled that vacation does not expire after three years if the employer has not previously fulfilled its obligation to inform the employee about the extent and imminent expiration of remaining vacation (Case No. 9 AZR 266/20).
The EU Digital Services Act (DSA) forces companies in the online segment to take precautions
The European Commission has agreed on a comprehensive regulatory package for online platforms, supplementing and adapting the old e-commerce directive.
News on vacation law
On December 20, 2022, the Federal Labor Court ruled that vacation does not expire after three years if the employer has not previously fulfilled its obligation to inform the employee about the extent and imminent expiration of remaining vacation (Case No. 9 AZR 266/20).
News on the recording of working time
Back in September, the German Federal Labor Court (BAG) ruled that the working hours of employees must already - under current law - be generally recorded. This is not to follow from the Working Hours Act, but from Section 3 (2) No. 1 of the Occupational Health and Safety Act.
Legal protection of whistleblowers (whistleblower)
In July 2022, the German Cabinet had approved a government draft for the Whistleblower Protection Act (HinSchG). The Whistleblower Protection Act (HinSchG) is the German implementation of the EU Whistleblower Directive, which aims to establish standardized protection for whistleblowers across the EU for the first time.
Progressive digitization in 2023 vis-à-vis authorities and social insurance carriers
It is not only companies that are working more agilely internally, but also the exchange with authorities and social insurance agencies is becoming increasingly digitalized. In 2023, a number of innovations will have to be taken into account in the HR department, which will simplify processes on the one hand, but also entail risks on the other.