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Revocation of an appointment to the management board based on a withdrawal of confidence

Revocation of an appointment to the management board based on a withdrawal of confidence

The Federal Court of Justice (BGH) judged previously disputed legal questions regarding the dismissal of a management board member based on a withdrawal of confidence by the annual general meeting in favor of the shareholders. The withdrawal of confidence does not have to be explained. A corresponding resolution of the ... Read More »

Employment contract law

Employment contract law

Which employer is not familiar with this situation? An employee with whom the work relationship has not been running smoothly for a certain period of time is frequently or permanently ill and is suspected of competitive activity on his or her own behalf or for a competitor during the illness. ... Read More »

Fulfilment of the statutory minimum wage

Fulfilment of the statutory minimum wage

The plaintiff has been working as an assembler for the defendant employer for over 20 years. The employment relationship is governed by the MTV (Manteltarifvertrag für die gewerblichen Arbeitnehmer der Sächsischen Metall- und Elektroindustrie i.d.F vom 24.02.2002; Collective wage agreement for industrial employees of the Saxon metal and electrical industry ... Read More »

Industrial constitution law

Industrial constitution law

Individual employee claims are given priority over working agreements on the basis of the favourability principle, providing that the claims arising from the working agreement are less favourable. However, if the employer’s pledges are of a collective nature – i.e. if they are not purely individual claims – a less ... Read More »

All compensated – or maybe not?

All compensated – or maybe not?

The works council must approve a waiver of claims in severance schemes. An exception only applies to settlements of the facts (German Tatsachenvergleich). In the case of the defendant employer, a redundancy payment was provided for in a social compensation plan (shop agreement). The plaintiff who had been dismissed for ... Read More »

Enterprises and business units; corporate structure determines the remuneration and composition of the works council

Enterprises and business units; corporate structure determines the remuneration and composition of the works council

Works councils are elected for a specific enterprise. The legal requirements of an enterprise are fundamental to works council elections. In addition to “enterprises”, the law also applies to business units and joint enterprises. Collective bargaining agreements – and exceptionally works agreements – allow for works council structures that deviate ... Read More »

Federal Fiscal Court extends possibilities for tax-neutral departures from partnerships

Federal Fiscal Court extends possibilities for tax-neutral departures from partnerships

Partners shall be able to leave the partnership to a greater extent without disclosing hidden reserves. Background: The partner leaving a partnership generally has a claim for compensation against the company. Since this compensation claim can put the company in considerable liquidity difficulties, the partner is often compensated with real ... Read More »

Trademark Protection for Medical Practices and Hospitals

Trademark Protection for Medical Practices and Hospitals

University hospitals, hospitals, and medical practitioners in community practices are increasingly concerned with their own placement in the market. If they want to act economically, it is necessary to sell not only the necessary medical care, but also additional offerings, which are often common in wellness treatment centers. Hospitals, medical ... Read More »

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