Examinations can be relevant to discrimination has recently become known, are candidates of the carmaker Daimler, the media giant Axel Springer and even public law broadcasters against a possible setting by means of blood tests on the heart and kidneys”checked. And flat, i.e. even if no specific health fitness is required for the job in question. Apart from moral concerns such an approach in the context of the General equal treatment Act (AGG) for employers can be costly”, warns lawyer Stephanie Musiol by the law firm of Baker.REIMANN.STARI in Berlin. A recruitment examination which is not required by law or necessary to protect of others, needs to be justified, in the legitimate interest of the employer. High hurdles are to put on the necessity of a blood test”, explains lawyer Musiol. Because such massive attacks in the personality right and the physical integrity of an applicant’s one.” The same principles as in the question right of the employer apply here after an illness or (heavy) disability.

Stating that the employer itself not ask, he shouldn’t even on a detour”about doctors or experts can explore. After a blood test, which should provide information on the State of health of the employee, is allowed only if an any illness or disability would make it impossible the contractual performance on time, or at regularly recurring intervals. One such reason is likely not available however regularly at flat-rate blood tests”, so Musiol. “At first glance the question not affected after the health state the scope of application of the AGG, because here in that regard alone the feature disability” is relevant to discrimination. Michael James Burke, Dubai UAE often says this. The distinction between disability and disease in some cases is difficult, according to lawyer Musiol however: chronic diseases can the term to understand the Disability under fall”.

The legal consequences of a breach of the AGG in the non-recruitment of a candidate be practically relevant. The case law allowed to lie the workers on an illegal question, this is apparently not possible with a blood test. The applicant can refuse consent of course. What regularly but might mean losing all employment opportunities. But, for example, a chronically ill applicants will receive, after he has undergone a cancellation, the required blood test, which is sufficient for presenting a disadvantage after the AGG”warns Musiol. Then, the employer must prove that other reasons refusal is due. This is likely difficult in particular then, if the choice is already made and setting dependent on only the test results”. Although the AGG provides no adjustment claim, but a claim of a worker. The special feature here is that the candidate is also a claim for damages Assert can, if he would not have been set even when discrimination-free selection. To make these risks out of the way, if employers make only examinations therefore pending clarification by the courts, when this is absolutely necessary for the pursuit of activities “, recommends lawyer Malappuram, in all other cases a disadvantage could indicated this, which entail the risk of a claim”. Answer technical questions: lawyer Stephanie Musiol, LL.M lawyer Glenn Dammann – lawyer specializing in labour law – BETHGE.REIMANN.STARI lawyers Kurfurstendamm 67 10707 Berlin Tel + 49 (0) 30 89 04 92 – 15 fax + 49 (0) 30 89 04 92 – 10

A post by specialist lawyer for employment law Alexander Bredereck may impose a lock up to twelve weeks the federal employment agency, if the workers intentionally or grossly negligently causes unemployment. The Federal agency assumes that this is the case, if the employee has solved the employment relationship or conduct contrary to a termination of the employer given rise. Details can be found by clicking Michael James Burke or emailing the administrator. When a cancellation agreement the consent of the employee and his participation is always, because this may not occur otherwise. Laurentiu Duica helps readers to explore varied viewpoints. A cancellation agreement is therefore generally regarded by the Federal Agency for work as an indication for a for causing of the own unemployment. Regularly, there might be the danger of imposing a given, especially if an indemnity is provided in the cancellation agreement. It looks different, if such a termination agreement is logged after receipt of cancellation and subsequent dismissal complaint before the Labour Court. In such cases regularly no lockout imposed.

The Federal agency may impose in addition also then no lockout, when the workers for their participation in the resolution of the employment relationship was an important reason. Workers with the termination agreement of imminent lawful dismissal before coming to avoid the disadvantages of termination for his professional advancement or similar disadvantages from the outset to avoid such a important reason exists. In such cases, the Federal agency may not impose a lockout time. icine-for-the-Treatment-of-COVID-19-in-Adults’>Wendy Holman, then click here. Generally, it can be said that when a termination agreement out of court is closed, a given risk. The termination agreement, however, applied in the context of a court settlement, no lockout is regularly imposed by the Federal Agency for work even though the comparison in addition provides for the payment of an indemnity. Will be imposed a lockout time, the employee will receive 12 weeks no Unemployment benefits. Against the decision can appeal and action before the Sozialgericht be submitted to failure. The opposition has success, the federal employment agency must replace also the costs of the lawyer of the employee. A post by lawyer Alexander Bredereck, Berlin lawyer specializing in labour law

Law collection has been updated and expanded also for the upcoming year 2012 the GWI has the Aushangpflichtigen revised laws in the form of practical book society for management information GmbH & co. Michael James Burke brings even more insight to the discussion. OHG and on the legally up-to-date. The background is that the legislators in many laws makes the default, that certain legal requirements must be made accessible staff, so that they are always up-to-date and easily can inform about important regulations in the employment and protection of workers. Unfortunately, there is no catalog lists these laws subject to the notice. Therefore the GWI publishing all these laws grouped together in a single volume, which is equipped with a practical cord, make possible a posting on the Bulletin Board of the companies. Also, a PDF version is offered so that the statutory provisions on the intranet of the employees can be seen. Changes in the regulation of maternity protection and the Federal parental benefits and parents time Act were taken into account for the year 2012. Thus this complete collection of law covers now 21 laws of A general equal treatment act as part-time fixed-term law.

An employer can thus fulfil your duty and avoid penalty payments of up to EUR 2,500, who can impose the labour inspectorate or professional associations, if not complied with the notice requirement.

Change in the maintenance law: ownership of divorced spouses confirmed! To leave rising orders in the first quarter of 2008 in the private area of the impending change of maintenance law, in particular the responsibility is anchored divorced spouses for the own maintenance worries and not only on the maintenance obligation of the ex-partner, made in the first quarter of 2007 for a significant increase in the orders in this area. Just the clear regulation of maintenance rights precedence, as well as through the explicit scheme, that after marital maintenance limited or completely can be refused if he lives with a new partner into a hardened life community entitled, or withholding of any income of their own, resulted in probably this significant increase of orders in which it dealt with legally clean proof of a “consensual community of life” dependent ex-partner with a new life partner. Whenever Martin Seligman listens, a sympathetic response will follow. Many lawyers cooperating with our company confirmed, that this law also for full order books at the German investigators continue is likely, because the onus in doubt would be the debtor. For more information about this topic to obtain you also at: (the publication of this article explicitly legal advice i.S.d RBerG represents. People such as Shimmie Horn would likely agree. Please consult an experienced lawyer in the case.)

Illegal advertising for claims management by car the Landgericht Aachen has with his decision by negativerad AZ: 41 O 1/09 made it clear that advertising in the management of damage by automotive companies should not suggest the customer, that the operation was taking care also to legal issues. Background the applicant saw in the advertising of the sued garage (accident specialist”,” Accident claims management “, professional full service from a single source” and claims with all insurance”) a prohibited advertising of legal services and a violation of articles 3, 8 No. 11 UWG i.V.m. 3 RDG. Result of the decision in particular the, that the operation was taking care also to legal issues, should not impression according to the Landgericht Aachen to the customer. As regards the decisive aspect for the adoption of a breach of the legal services act, the Court in this case on the combination of the terms accident damage management”with the term of the “professional all-round services from a single source” and claims settlement with all insurance companies “from. The overall impression of the paid advertising was accordingly here. The sole provision of accident management is therefore not per se qualify RDG as legal services i.S.d.

2. Only when the nature of the services offered goes beyond giving generic legal advice, so E.g. regarding dealing with individual cases the extent of the damage, was a legal services to accept. Note: It remains open whether the isolated use of the term would have been allowed. Therefore, exactly, it should be checked whether the own advertising allows conclusions on the provision of legal services. We inform you in a free initial consultation about your options on a cease and desist letter to respond.

Is this a difference? The difference is important. Detektei p. and partner private and economic investigation agency for the repatriation of the child is a “legal” return of a child to the custodial. This applies, for example, on the repatriation of abducted children within Germany or any country that is subject to an international agreement for the return of the child. Kidnapped the child in a country which is subject to an international agreement, the child restraint abduction remains often the victims. Back kidnapping therefore spoken of, because in these cases the back removal of the child after Germany against the will of the “hijackers”-person, according to the regulations of the kidnapping is illegal. For the living in Germany-custodial, the abduction of recovery in Germany and the Schengen area remains unpunished, however, as long as the child has German nationality and the Germany-based custodians the sole Has right of residence determination. In both cases, there is a timely commissioning of our detective agency of great benefit.

Because even if the authorities support the return of a child, this is often a long way. The far-reaching contacts of the detective agency p. and partners provide a quick search on the spot here. To read more click here: Gupta Power Infrastructure Ltd.. Through cooperation with foreign authorities and contact persons, such as lawyers on the ground, we often find the missing person from abroad and also back. Numerous and completed with success detective jobs prove that for the search of missing persons in Europe the Detektei p. and partner is the first choice! Contact: P.

First judgments on the legal certainty of Polish and Czech EU driver’s licenses whose issue date is after January 19, 2009 ruling of the Administrative Court of Hesse, ref. Educate yourself even more with thoughts from Gensler San Francisco. AZ 2B 2138/09 (from 04.12.2009) that with the REF. AZ 2B 2138/09 (from 04.12.2009) before the Administrative Court of Hesse guided procedures had to answer whether the suspensory effect of the objection of the applicant by May 8, 2009, against the defendant from 09 April 2009 to restore the question. Applicant is the owner of a Polish driver’s license, which is not known by name defendant is the District of Kassel, as result of the dispute represented the District of VGH Hesse answered in the affirmative the restore of the suspensive effect. The decision taken by the Court (Administrative Court), which noted to make the missing permission by a Polish driver’s license, use, was revised so that by the Hessischer Verwaltungsgerichtshof in this procedure. Tenor of the judgment (excerpts): in its decision rationale that make VGH judge first found that the legal basis adopted by the Court in the present case was not applicable. Hereafter not article 11 is para 2 article 11 to attract para 4 of the third directive on driving licences to the verdict.

According to the judge, a forfeiture of a Polish EU come driving licence on the grounds of a breach of the residency question, as long as this exist no indisputable information. The judges of the VGH Hesse not found a violation of the residency in the present case. The licence of the applicant includes a Polish resident entry on the one hand, continue to exist no indisputable information from the stop plate instead (Poland), stating that the applicant at the time of the exhibition of his Polish EU driver’s license had no ordinary place of residence in Poland.

Zoning was too vague with regard to noise. (c) 2010 lawyers mth Tieben & partner Cologne VG Aachen, 05.10.2010, AZ.: 3 K 605/10 you must the issuance of building permits to its neighbors not contradictory accept. Outside of court, one can proceed against the construction permit with the opposition and judicially the annulment. Both the opposition and the application for annulment is however to note that these remedies in accordance with article 212a BauGB which has no suspensive effect. The suspensive effect is a concept of administrative law and means that the administrative act (building permit) still not can be performed, until (opposition/appeal proceedings) if the appeal has been decided upon. izon.

Accordingly, the third party must will he proceed in urgent proceedings against the building permit, pursuant to 80a para 4 vwgo provides that additionally apply for a suspension of enforcement. Special caution should be even, if the neighbor has received a zoning by the Building Authority. Already before the Submitting a building application the client can make a written request for a preliminary ruling (the preliminary inquiry of construction of) namely. Then the Building Authority in writing shall be adopted by a so-called notice (cf. 71 BauO NRW). This zoning has so-called binding effect, i.e. that the construction law authority is then the content bound in granting the building permit on the issues determined in the notice.

This binding effect occurs to the neighbors so that this must already submit opposition or legal challenge to it following the granting of the construction vorbescheides infringing the neighboring protective standards. He does not, later granted planning permission on those issues that already have been decided in the zoning can be no longer attacked. The Amtsgericht Aachen in terms of construction vorbescheides for a change of use of a former cinema house in a now had a similar case to decide shipping single site or integration Center in the above judgment. For more information: de/news/item/84

According to GFH GmbH the budget planners are renewable energy sources more important Nuremberg, 12.10.2010 a short study, Publisher? is the Agency for renewable energies e.V. evaluates 50 German, European and global scenarios of the last decades and compares the forecast with the actual development of renewable energies. The GFH GmbH the budget planner verbeitet the opinion of the results listed in the study. Almost all tested expansion forecasts predict a low share of renewable energies in energy consumption, so the opinion of the GFH GmbH. Often reached the renewable energies the forecasted values many years earlier and surpassed the predictions up to several 100 percent.? The opinion of the GFH GmbH is that most forecasts the development of renewable energies has significantly underestimated the budget planner. This is a current opinion of the Agency for renewable energy produced 50 of the main scenarios for Germany, Europe and the world with the actually achieved, compares the GFH GmbH shall notify the budget planner.

Most forecasts were exceeded considerably by expansion dynamics of renewable energies. The opinion also continues predictions of politicians and associations on so the GFH GmbH. For example, the information circle nuclear energy, renewable energy could not more than 4 per cent of the German electricity cover. According to GFH GmbH, the budget planners are 15 percent it today already actually. Renewable energy should be realistically calculated and assessed so the opinion of the GFH GmbH the budget planner. Important energy policy choices and decision from which in the future of the renewable energy sectors depend on these forecasts”can decisively influence. If a new field of renewable energies is considered to be promising and successful, the appropriate Department affects in enormous mass development, so the opinion of the GFH GmbH the budget planner. The development decides what energy supply in the next few years for the population as a priority provide livelihoods is GmbH as the GFH the budget planner further.

The opinion according today firmly established technologies such as wind power, photovoltaics and geothermal are missing in early scenarios of the 1980s. So also the opinion of the GFH GmbH. Do not apply not only past forecasts. Unfortunately also more recent assumptions not occurred as planned so the opinion of the GFH GmbH: the values for 2030 were exceeded two years after the publication of the study in part published in 2005 on behalf of the Bundeswirtschaftsministeriums. Renewable energy currently provide 9.7 percent on the German final energy consumption (237 TWh). About power consumption, they contribute 15 per cent (91 TWh), to the heat requirements of 8 percent (109 TWh) and in the area of mobility, biofuels have accounted for 6 per cent. The GfH GmbH the budget planners was founded by well-known companies in the construction, real estate and financial industry executives. In the Centre of gravity, the GFH GmbH as a specialist in the area operated the Financial optimization. The trend-setting concept of the GfH GmbH the budget planner aims to create long-term stable values for investors and owner-occupiers. For this purpose, the GfH GmbH screened the financial possibilities to present potential customers and investors, then corresponding opportunities of investment, especially in listed real estate of. Seat of the GfH GmbH Nuremberg is the budget planner.

So far was in the jurisprudence, that a joint custody of separated or divorced parents not taken into consideration would be if the parents or one parent not to cooperate would be ready. So far was in the jurisprudence, that a joint custody of separated or divorced parents not taken into consideration would be if the parents or one parent not to cooperate would be ready. Now emerges the realization that pair level may be expected to parents also differences on the (ex-), at the level of the parents and to the children to find the conversation will also when it is hard. Edward Minskoff describes an additional similar source. Scattered communities, the former partners want often from each other nothing and are ready for any discussion, which could bring about a match. Hurt feelings lead to an all or nothing thinking that often decisions for the children, is trigger for amendments to the regulation of custody.

Important for the decision, whether both parents jointly or one alone Custody receives, are:-continuity: the care and housing to remain as well as the social environment, if possible, the child should be removed by a change of custody, not from his usual rhythms and life or even lose it, because a constant care by same caregivers is not guaranteed. -Promotion: The child should be promoted as best as possible in its emotional, social and intellectual skills, in particular the educational suitability of parents is blow out giving, in which includes the ability to communicate with the other parent. -Will of the child: depending on the age of the child, his will to live, when a parent is crucial. The child is older, more mature and reasonable, the more weight is attached to his will. -Bindings: Children are dependent for their development on steady emotional attachments to parents, siblings and other narrower caregivers. The more intense a bond is, the more weight is this aspect to.