• Advertisement
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  • Business Legalities
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  • Entry
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    1
    • Entry
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      31
    • Residence
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      8
    • Visas

      This topic is all about visas – but not residence permits. Please understand as "visa" the permission to be inside Germany as a visitor for up to three months in a row. A "residence permit" allows persons to indefinitely live here and maybe also pursue some kind of employment and in the long run be eligible for permanent residence – longest after five years.

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  • Courts
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  • Labor Legalities
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    • Labor Legalities

      Labor Law

      If you are the kind of person who likes to look things up, beware. There is no Labor Code in Germany. Instead, employment is regulated in a bulk of statutes, collective agreements ,and standard company agreements. Case law and academic opinions, so called “ruling opinions or ruling case law ('herrschende Meinung' or 'ständige Rechtsprechung')”, play a vital role here. If you have been fired, it is a great help to contact a lawyer if you want a severance payment. But again, remember that you have to pay the lawyer yourself, no matter who wins – in the first instance. Your legal insurance will usually cover the costs for this dispute.

      My boss asked me for my working papers. What exactly are working papers in Germany?
      Your boss wants to have:
      • your tax card,

      • copy of your passport showing your current work and residence permit,

      • social security card (Sozialversicherungsausweis),

      • copy of your “membership” in a health insurance program (Mitgliedsbescheinigung einer Krankenkasse),

      • résumé,

      • any forms provided by the company.
        §

      I just received an appointment for an interview for a new job. Well, it turned out to be a nightmare. The employer was asking me extremely personal questions. He asked if I were pregnant, how many children we are planning to have, how long my child’s break will be, etc. etc. Come on, is all this really his business??
      Generally, you as the applicant are obligated to tell the truth – and nothing but it. However, your future boss has no right to inquire about your personal life – only your professional life. So, even if you are visibly expecting you may lie and may not be sued or punished for deceit. Forbidden questions also concern:
      • denomination (exceptions possible),

      • family planning,

      • hobbies,

      • penalties,

      • sexual orientation. 
        §§

      So, is there a general rule what an employer may or may not ask?
      Yes, there is. The employer is entitled to inform himself objectively and directly to employment related questions. Only exceptionally, are questions concerning private matters permitted. Grounds for inquiring private matters can be e.g. found in the “special purpose of the company”. If a church wishes to employ somebody, they may ask if the applicant is living in non-marital relationship. Previous convictions may be inquired about if they are vital for that job (Federal Labor Court, judgment of May 20, 1999 - 2 AZR 320/98). This will typically be the case when it comes to handling money or dealing with business secrets.
      §§
      Having just become pregnant, I so dearly want a job, and am willing to lie to the interviewer just to get it. Will I really be not subject to firing?
      No, you cannot be fired – as long as you are on maternity leave. But do not believe that after returning to work your boss will be very amused! Why? Because your boss wanted to employ someone who will work for him (and not immediately go on maternity leave). This employer will be paying for someone who has not contributed a penny’s worth of work to the company. As soon as he finds this out, reckon that he will seek a possibility to fire you! He will feel that you “betrayed” him.
      §
      What do I generally have to know about working contracts?
      Your employment contract is the first and main key in determining your rights and duties to your employer. Therefore, make sure that you have all vital issues addressed in the contract. If you later find out that something is missing, that might be too late, because the employer might not want to alter the contract. Supposing your bad luck continues and the contract contains a stipulation on “no oral agreements besides this contract”, then no 100 witness will be able to prove the contrary.
      §§
      After I ate lunch in the kitchen of our office, I gracefully tossed a vase off the counter. It fell on the floor and broke. Just as I expected, my boss said that he demands a new one. He expects me to go out and get if after work. Can that be? I thought my boss carries all liability in his office.
      Yes! During your private time in the office (lunch break), you negligently destroyed his property. This offense entitles your boss to damages. He is totally correct in demanding you to get a new one off hours. Though you are generally right in that your boss can be held liable for infringing obligations or damaging other persons or their property.
      §
      When are employees liable for damages they make?
      Your liability will be limited in accordance with the so-called “in-plant compensation principles”. Following those principles, the employer will have to bear a portion of the damages himself, because the “general operational risks” of the business are treated as contributory negligence. As a rule of thumb, your liability will be
      • 100% in cases of intention or gross negligence,

      • 50% in cases of average negligence and

      • 0% in cases of light negligence.
        §§

      Could you name me some exceptions?
      The most common exceptions are:
      • Certain risks are exempt to be covered by insurance. If they are your liability, you will be limited to the amount customarily retained by the insurance company.

      • If your activity is particularly risky, this will reduce your liability vis-à-vis your employer.

      • If you are operating very expensive machinery, it cannot be expected of you to cover all damages.

      • It is not sufficient that your intent relates to the fact that you breached your contract. The intent must extend to the damage of your cause (judgment of Federal Labor Court of April 18, 2002 - 8 AZR 348/01).
        §§

       

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    • Termination
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      4
  • Lawyers
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  • Money
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    • Money

      It's all about the currency and paying in Germany.

      Article Count:
      4
  • News Archives

    Every month all subscribers receive an eMail informing them on the latest development in law for everyday use. The names of the topics are no real legal descriptions but just hinting the contents. The published articles will be mostly introducing relevant and recent case law.

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    • Business Law News: GbR

      Interesting cases on private partnerships in general.

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      4
    • Business Law News: GmbH

      Interesting cases concerning the German corporation with limited liability – be it the large GmbH or the little UG. The UG is not really considered as a unique legal form but more a large GmbH to be. So, any cases reported here are applicable to both forms.

      N.B. the date format follows the German way. Don't when in Rome, do as the Romans do.

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      12
    • Business Law News: Miscellaneous Topics

      Interesting cases in general for running a business in Germany.

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      55
    • Business Tax News: Deductibles

      Relevant cases discussing the deductibility of items as a business expense.

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      11
    • Business Tax News: Income Tax

      Interesting cases on income tax for professionals, freelancers, self-employed persons. In other words, anybody running not a corporation is subject to income tax and this selection relates to that.

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      11
    • Business Tax News: Miscellaneous

      Overview on all articles concerning tax law concerning businesses. Taxes referred to here are taxes on income from self-employment, trade tax, and VAT. Self-employment can be either a trade or professional services.

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      3
    • Business Tax News: Trade Tax

      Cases for your interest on trade tax law or what Germans call "Gewerbesteuer". More to the basics of  Trade Tax will be found when click those words. This section presents relevant case law.

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      5
    • Business Tax News: VAT

      Interesting cases on Value Added Tax and Input Tax. This section provides only further details discussed in court but not the basics. These will be retrieved when click on those words.

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      16
    • Civil Law News: Liability Questions

      Interesting legal cases on liability of private persons in daily life.

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      41
    • Civil Law News: Miscellaneous

      Case law on miscellaneous legal conflicts among private persons.

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      25
    • Family Legal News

      For the time being, this category will only be exceptionally served. Once a sponsor has been forund, this topic will be treated more regularily.

      Please note that the date format follows the German way. Don't forget, when in Rome, do as the Romans do.

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    • Foreigners Law News: Citizenship

      Chosen reports on cases in court on obtaining or losing German citizenship and having or obtaining double citizenship.

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      13
    • Foreigners Law News: Diplomats

      Interesting cases where diplomats are a major part in the verdict.

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      2
    • Foreigners Law News: EU Citizens

      This category is on legal news concerning the residential status of EU citizens in general.

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      4
    • Foreigners Law News: Expulsion

      Relevant cases on the law of on the expulsion of foreigners from Germany.

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      18
    • Foreigners Law News: Miscellaneous

      Interesting cases on foreigners law not covered by a more specific topic. If you have a question for entry or residency, please click these words and find explanations.

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      6
    • Foreigners Law News: Residency

      Important cases on obtaining or losing a residence permit.

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      26
    • Labor Law News: in General

      Latest interesting case law on labor law in general. Please note that the date format follows the German way. Don't forget, when in Rome, do as the Romans do.

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      16
    • Labor Law News: Termination

      Interesting cases on the legitimacy of firing an employee. The general rules for firing an employee are found here: Termination. Depending on the size of the company, the applicable rules will be either Termination According to BGB or Termination According to Kündigungsschutzgesetz (KSchG).

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      9
    • PC Law News: for Business

      Computers, Internet in conglomeration with law, e-commerce case studies for online businesses will be found here.

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      31
    • PC Law News: in General

      Computers, Internet in conglomeration with law will be listed here – for private use.

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      39
    • Private Tax News: Child Benefits

      Interesting cases on receiving child benefits. Germans call this "Kindergeld". Since the rules for child benefits is published in EStG, the cases have been organized in this category. Though these benefits are grants, they are regulated in the income tax code, therefore LG2G follows this order, too.

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    • Private Tax News: Deductibles

      Interesting cases discussing what (or not) you can deduct when employed or for other non-commercial reasons from your income tax bill. Click the word income tax if you want to know more on the basics.

       

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      37
    • Private Tax News: Miscellaneous

      Interesting cases discussing questions not otherwise organized when employed or for other non-commercial reasons. Relevant taxes income tax, taxes for earnings upon interest.

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      20
    • Real Estate News: Cosmestic Repairs

      Interesting case law on the hottest topic between landlords and tenants "Schönheitsreparaturen (cosmetic repairs)".

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      12
    • Real Estate News: Commercial Renting

      This category lists interesting case law on landlord and tenancy law when the tenant is renting an office or shop space.

      N.B. There are significant differences in the legal rules between commercial and private tenants! The major differences lie around giving notice on the contract and settlement of utility bills. The discussed case here are exclusively for this situation.

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    • Real Estate News: in General

      This topic is to serve both the landlord and the tenant with their own special interests. Anyhow, in most cases a topic addressed will be of interest for both parties of a rental contract – if only from a different perspective. The goal is not to prosper either the landlord's nor the tenant's interests but to show an unbiased  summary of the law.

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      28
    • Real Estate News: Specials for Landlords

      However, unbiased the news generally are to be understood, some articles are really concern only the landlord or proprietor.

      Please note that the date format follows the German way. Don't forget, when in Rome, do as the Romans do.

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      13
    • Real Estate News: Specials for Tenants

      However, unbiased the news generally are to be understood, some articles are really concern only the tenant.

      Please note that the date format follows the German way. Don't forget, when in Rome, do as the Romans do.

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      12
    • Traffic Law News

      Traffic law is all about driving a car on public streets and driving license issues. Regular news coverage will take place after this project has found an investor and a lawyer to write the news.

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      5
  • Practicalities

    In spite of all rumors, lawyers and law can be something practical. This section is all about giving hints to practically manage one's daily life in Germany. The articles here will be very often something very evidential for Germans – but not necessarily.

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    • Court Stuff

      Intersting articles relating to very general legal issues that effect virtually everybody. Typically, court judgments will be from the Federal Constitutional Court (BVerfG). N.B. the date format follows the German way. Don't when in Rome, do as the Romans do.

      Article Count:
      15
    • Free Stuff

      Hints and Sites – free of any cost and commitment – to help you have an easier life in Germany. Send the Publisher an This email address is being protected from spambots. You need JavaScript enabled to view it. when you want / can add something.

      Article Count:
      6
    • Holidays

      Practical News on Holidays in Germany -- whatever might expat related. In other words, you will not learn that Christmas is called Weihnachten in Germany...

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      5
    • Lost & Found

      Poor you, that something got lost. Try here to find out how to hopefully get it back. Send the Publisher an This email address is being protected from spambots. You need JavaScript enabled to view it. when you want / can add another possiblity or when your city has its "Lost & Found" online.

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      3
    • Miscellaneous

      Virtually anything that will enhance living and working in Germany – with special attention to your needs as an expat. The focus is on English language information. Send the Publisher an This email address is being protected from spambots. You need JavaScript enabled to view it. when you want / can add something.

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      36
  • Private Legalities

    This section will describe the legalities of a private person in Germany – on a general basis. At this very moment, we don't have any overall introductory contents for this page. We are looking for those right now. 

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  • Service
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    1
  • shop
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    • STC

      Dateien für den Shop. Files for the shop.

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      1
  • Site Info

    Imprint

    This is a business of Alexander Baron von Engelhardt pursuing his project The Legal Guide to Germany.

    The editor, Alexander Baron von Engelhardt, is licensed as a Rechtsanwalt (attorney at law/barrister/solicitor) by Chamber of Attorneys Berlin.

    Further Memberships:

    Design assistance:

    Petra Wechsel

    Technical Assistance: 

    Johannes Wobus

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  • Uncategorised
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Additional information