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Recent News From GRP Rainer LLP

  • LAG Rheinland-Pfalz: Dismissal with immediate effect for damage to property effective

    LAG Rheinland-Pfalz: Dismissal with immediate effect for damage to property effective

    Published: 18 Jan 2018

    Serious breaches of duty by an employee may justify dismissal with immediate effect. Damage to property can constitute good cause justifying exceptional notice of dismissal with immediate effect. An employer is able to issue exceptional notice of dismissal with immediate effect if it has good cause for doing so and the individual circumstances of the respective case have been sufficiently accoun...

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  • GRP Rainer Rechtsanwälte: Assessing the grounds for dismissal with immediate effect

    GRP Rainer Rechtsanwälte: Assessing the grounds for dismissal with immediate effect

    Published: 12 Jan 2018

    Exceptional notice of dismissal with immediate effect needs to be well prepared if it is to be issued effectively. To this end, it needs to be assessed whether sufficient grounds for dismissal exist. Employers can only issue exceptional notice of dismissal with immediate effect if there is good cause for doing so. We at the commercial law firm GRP Rainer Rechtsanwälte note that the grounds ...

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  • Berliner Testament – Final heir able to reclaim gifts

    Berliner Testament – Final heir able to reclaim gifts

    Published: 10 Jan 2018

    A joint spousal will has a strong binding effect and can potentially affect gifts made by the surviving spouse, as demonstrated by a ruling of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm]. A type of will known as a “Berliner Testament” (“Berlin will” in English) is popular among married couples. Spouses can use this to mutually appoint each other as sole heirs and typically t...

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  • Amendments to will valid despite lack of a signature

    Amendments to will valid despite lack of a signature

    Published: 05 Jan 2018

    In exceptional circumstances, retrospective amendments to a will may be valid even in the absence of a signature. That was the verdict of the Kammergericht (KG) Berlin [Berlin Court of Appeal] in its ruling of March 28, 2017 (Az.: 6 W 97/16). It is not uncommon for a number of years to have gone by between the date the will was prepared and the death of the testator. It is therefore very much po...

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  • Automatic exchange of financial information has begun – Voluntary disclosure for tax evasion

    Automatic exchange of financial information has begun – Voluntary disclosure for tax evasion

    Published: 03 Jan 2018

    The wagons are circling around tax evaders. The automatic exchange of financial information began on September 30, 2017. An initial 49 countries are participating in addition to Germany. The start of the automatic exchange of financial information in the field of taxation also spells the end of banking secrecy in many of the participating countries. Former tax havens are set to be squeezed furth...

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  • Planned closure justifies compulsory redundancy

    Planned closure justifies compulsory redundancy

    Published: 02 Jan 2018

    If an employer seriously intends to close an establishment then it can issue notices of dismissal due to operational circumstances, i.e. notices of compulsory or forced redundancy. That was the verdict of the Landesarbeitsgericht (LAG) Rheinland-Pfalz [Regional Labour Court of Rhineland-Palatinate] (Az.: 5 Sa 51/16). We at the commercial law firm GRP Rainer Rechtsanwälte note that an employ...

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  • Company reintegration management program necessary in cases of dismissal due to illness

    Company reintegration management program necessary in cases of dismissal due to illness

    Published: 27 Dec 2017

    Before issuing notice of dismissal on account of illness, an employer ought to assess whether the relevant employee’s inability to work can be overcome with the help of a company reintegration management program. The employer ought to explore whether the employee’s incapacity to work can be overcome by means of what is referred to in German as a “betriebliches Eingliederungsmanagement”, or “bEM”...

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  • Successful loan withdrawal due to unclear information regarding conclusion of building insurance

    Successful loan withdrawal due to unclear information regarding conclusion of building insurance

    Published: 20 Dec 2017

    Missing or incorrect mandatory information in relation to real estate mortgages that have been taken out since June 11, 2010 means that loan withdrawal is still a possibility. Real estate mortgages that were concluded after June 10, 2010 are not affected by the so-called the “ewiges Widerrufsrecht”, aka perpetual right of withdrawal. We at the commercial law firm GRP Rainer Rechtsanwälte no...

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