Tuesday, March 30, 2010

What Colour Tie Matches A Grey Shirt

BAG: New holiday law also applies to additional leave of severely disabled people

The new case law that workers also an allowance in lieu have if they were all over the leave year and over the vesting period beyond sick, applies not only to the statutory minimum leave, but also for the additional leave of severely disabled people. For over and above the statutory minimum holiday entitlement to leave the tariff agreement, however, parties may determine that compensation is ruled out.

The case:
The handicapped applicant has worked since 1971 in the field for the defendant. On the employment of the collective agreement for employees of the Federal Insurance Institute for Salaried Employees, was applicable, the one above the legal minimum holiday entitlement in excess leave envisaged.

The plaintiff was the beginning of September 2004 until the termination of the employment relationship on 09/30/2005 incapacitated for work because of a severe disc disease. In his application, he demanded compensation

- the statutory minimum leave,
- the severely disabled and leave
- the statutory rate on leave for the years 2004 and 2005.

After the defendant had accepted the conviction on appeal to settle the minimum holiday entitlement, the parties argued in the review only on the settlement of the severely disabled and the supplementary period of collective legal holiday.
The BAG was an action for compensation for the severely disabled supplementary period as opposed to an action for compensation in the statutory More holiday instead.

The reasons:
The plaintiff against the defendant is entitled to compensation for the supplementary period for the handicapped.
The new jurisdiction of the Senate (BAG, ruling of 03.24.2009 - 9 AZR 983/07), under which the four-week statutory minimum leave is at the termination of the employment relationship even financially compensated do if employees are off work sick until the end of the transfer period , applies to the severely disabled, according to additional leave.
shares entitlement to severe disability additional leave the legal fate of the minimum holiday entitlement.
However
is not entitled to compensation in the statutory holiday More.
The collective bargaining parties may stipulate that over and above the statutory minimum leave allowance in lieu of tariff is void if the leave entitlement because of the illness of the employee can not be met. Such legislation is available here. Claims for compensation in the statutory More holiday should go down to the apparent will of the parties to collective agreements at the end of the transmission tariff period.
(BAG decision of 23.3.2010, 9 AZR 128/09 - Source: BAG PM No 25 of 23.3.2010)

Saturday, March 20, 2010

Backless Computer Chairs

BAG: refusal of local allowance for stepchildren in a registered partnership in the collective agreement is discriminatory

local allowance for stepchildren in a registered partnership:


The remuneration system of the bat child-related elements of pay were provided. Condition for entitlement to § 29 Sect was para 3 B BAT is entitled to child benefit. For these, acc. § 63 para 1 ITA also taken into account by the holder in his budget recorded children of his spouse. The registered partnership is, however, not marriage. So stand by the collective right of public employees, the children of their registered partner in their household recordings, no claim to the child-related component in the local supplement to. In that regard, however, favored equality unconstitutional § 29 Section B paragraph 3 BAT registered partners and was therefore in accordance. Article 3 paragraph 1 GG ineffective.

The applicant is employed as a teacher at the defendant the state. Since 3 June 2005, she founded a registered partnership. Live in the same household, the two natural children of the female partner of the applicant. With its application, the applicant of the child element of the local award coveted by € 167.56 gross per month for the period since its partnering.

Their action had in the lower courts before the sixth Senate of the Federal Labour Court of success. The child-related component in the local allowance was granted in terms of the education and care of children following financial burden for the budget recorded in children of the spouse because this recording was based on a family care and education money. Based on this, there were no objective reasons that justify failure to the child-related component in the local supplement for children recorded in the budget of the registered partner. Since its transfer to the collective agreement for the public sector in the country (TV-L) 1 November 2006, the applicant entitled to this pay component locking grandfathering allowance.




(Federal Labour Court, Judgement of 18 March 2010 - 6 AZR 156/09 - lower court: Saxon State Industrial Court, Judgement of 27 January 2009 - 7 SA 195/07 -

The Sixth Senate on the same day one after Australia sent in a registered partnership surviving employees of the Goethe-Institute a rate for the scheme to only married couples awarded to be paid overseas contract because even so far registered partners compared to married people are disadvantaged equal unconstitutional.

Federal Labour Court, Judgement of 18 March 2010 - 6 AZR 434/07 - lower court: Regional Labour Court of Munich, Judgement of 10 May 2007 - 2 Sat 1253/06 -)

Source: Federal Labour Court, Press Release No. 23/10

Monday, March 1, 2010

Womensores On Stomach

Do Khyi and other breeds - the right of the buyer


We have decided the outcome with respect to present our action against the breeder of our Do Khyi-male Acky
the public.

Why we do this?

Each purchaser of a dog should not give up if your pet is sick or so-called "deficiencies" has.
BUYER EVEN DOGS HAVE RIGHTS!
We want to encourage. Courage not all have to accept it as fate and fight for his rights.

A sales contract is usually written in favor of the breeder. The dog is indeed before the law, no extra item, but trials of a breeder are usually from the beginning to fail and cost a lot of money.

In our case, a process would have been connected with high litigation costs (reports, witnesses).
The District Court of Bad Homburg proposed two parties mediation . This kind of comparison is still new in this kind of processes.


The parties complied. In a long interview agreed to owners, breeders, their lawyers and the judge to compare.









We consider the outcome of the mediation for are clearly identified as "profit"!

a "profit" for the rights of a dog owner and the possibility of moving some to http.: / / www.wq35jydmb.homepage.t-online.de/






The conditions were imposed by two sides met.




support We, like many other dog lovers
the Dortmund appeal and the objectives of Petwatch

We dissociate ourselves expressly from here once made the remarks of the Association Sponsors Tibet dogs (FCT), and of the made of Mrs Michelle Krebs at its Internet website Internet.

© Chris Walter and brooding