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Recent News From GRP Rainer LLP

  • Immediate dismissal in case involving permitted second job invalid without prior formal warning

    Immediate dismissal in case involving permitted second job invalid without prior formal warning

    Published: 28 Sep 2017

    Before an employer issues notice of dismissal with immediate effect, it ought to examine whether a prior formal warning is necessary. Failure to do so can prove to be a costly mistake, as demonstrated by a ruling of the Landesarbeitsgericht (LAG) Düsseldorf [Regional Labour Court of Düsseldorf]. It is possible to issue exceptional notice of dismissal with immediate effect if there is g...

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  • Possible to agree to age limit for managing directors as grounds for termination

    Possible to agree to age limit for managing directors as grounds for termination

    Published: 27 Sep 2017

    It is possible to agree to an age limit for a managing director of a GmbH in his employment contract, with his reaching the specified age serving as grounds for ordinary notice of termination. That was the verdict of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm]. In the instant case, the plaintiff had been employed as a manging director at a company since 2005. The employment ...

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  • GRP Rainer Rechtsanwälte – Assessing possible violations of antitrust law

    GRP Rainer Rechtsanwälte – Assessing possible violations of antitrust law

    Published: 26 Sep 2017

    Investigations looking into whether the so-called “car cartel” entered into illegal arrangements and thus breached antitrust law are currently underway. Should this be the case, the cartel members should anticipate heavy fines. Whether the car manufacturers have actually violated antitrust law needs to be clarified by the competition watchdogs. This process may drag on. If it can be proven that ...

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  • Wills in cases involving childless married couples

    Wills in cases involving childless married couples

    Published: 25 Sep 2017

    Those who wish to play it safe when it comes to the subject of inheritance ought not to rely on the rules of intestate succession and should instead prepare a will. This also applies to childless couples. It is a misconception that the surviving spouse automatically becomes the sole heir following the death of his or her partner in cases concerning childless married couples. If no will or contra...

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  • GRP Rainer Rechtsanwälte: Experience drafting Berliner Testaments

    GRP Rainer Rechtsanwälte: Experience drafting Berliner Testaments

    Published: 21 Sep 2017

    Spouses ought to be afforded financial security in the event of their partner’s death. Many married couples want this to happen and therefore prepare a joint will, also referred to as a “Berliner Testament” (Berlin will). In the absence of a will or contract of inheritance, the rules of intestate succession apply. We at the law firm GRP Rainer Rechtsanwälte note that this generally means th...

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  • BKA analyses Panama Papers – Voluntary disclosure for tax evasion

    BKA analyses Panama Papers – Voluntary disclosure for tax evasion

    Published: 18 Sep 2017

    It has been known since the beginning of July that the Bundeskriminalamt (BKA), Germany’s Federal Criminal Police Office, has purchased what are referred to as the “Panama Papers” and is set to analyse the controversial information they contain. Those who are concerned they may have evaded taxes can still submit a voluntary declaration. The so-called Panama Papers caused a sensation last spring....

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  • Straw man managing director held responsible for breaches of duty

    Straw man managing director held responsible for breaches of duty

    Published: 13 Sep 2017

    Ignorance does not spare anyone from punishment. The Oberlandesgericht (OLG) Celle [Higher Regional Court of Celle] confirmed that this holds true for managing directors who are merely a front, ruling that they are liable for breaches of duty. In its judgment of May 10, 2017, the OLG Celle held that a managing director who is merely a front and leaves it to third parties to fulfil his responsibi...

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  • BAG: No workplace surveillance using keyloggers without specific grounds

    BAG: No workplace surveillance using keyloggers without specific grounds

    Published: 08 Sep 2017

    Monitoring an employee using a keylogger is only permissible if there are reasonable grounds for suspecting that an offence or a serious breach of duty has been committed. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court. A lot of workplaces are equipped with a computer, with this tempting employees to make use of the work computer for private purposes. This...

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