73
votes
In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?
Your employer is most likely bluffing. It is better to be fired than to quit voluntarily.
The problem with quitting voluntarily is that you won't get unemployment benefits (Arbeitslosengeld I) for a ...
- 23.9k
48
votes
Accepted
Is it considered a breach of confidentiality if data is uploaded to a website which only makes that data available to the uploader?
Assuming none of these terms are defined elsewhere in the contract:
A third party is a party (a person or company) that is neither you nor the other party to the contract (here, presumably the company ...
- 10.2k
46
votes
Accepted
How to transport a knife that falls under the Weapons Act
Obviously, there are plenty of kitchen knives over 12 cm in length.
A knife that is legal for home use be carried outside the home in an enclosed compartment (verschlossenes Behältnis) which prevents ...
- 14.5k
41
votes
Accepted
What is the purpose of a disclaimer like "this is not legal advice"?
In most jurisdictions, practicing law without a bar license is a serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer.
Lawyers also use this disclaimer ...
- 518
35
votes
Accepted
What law governs shopping carts?
Normal property law
When Aldi came to australia, they introduced their coin-in-the-slot model. The previous norm was that the trolleys were just available and people returned them. Some other chains ...
- 198k
34
votes
Accepted
From what age may children walk home alone from an activity/sport in Germany?
germany
Ah, okay, there isn't any easy answer/number/table for this.
In general, the "Aufsichtspflicht" results from Bürgerliches Gesetzbuch (BGB)
§ 1631 Inhalt und Grenzen der Personensorge....
- 6,015
34
votes
Is it illegal to take pictures of the police in public in Germany?
No, but...
It is not an offense to photograph people, especially if they are just caught at the edge or out of the center of the photography. However you do not have a right to photograph people ...
- 33.8k
32
votes
Are you allowed to solve an exercise from a book more than seven times?
You can make as many "manual copies" of math homework for yourself as you like.
The seemingly arbitrary number of "7" came into being because with the invention and popularity of ...
- 6,015
32
votes
Does art. 12(1) of the German Basic Law require students to be automatically graduated regardless of grades?
No
What it means is that no German can be forced by the government into a job, education or place of work. So for example, the Government cannot come and say "we are short on railroad workers, ...
- 6,015
29
votes
Is it illegal to voluntarily work longer than the law allows?
No, your employer has to actively stop you from this in germany
The Arbeitszeitgeseztz is very clear in regards to maximum permittable time per day: 8 hours of work time on at most 6 days a week (...
- 33.8k
29
votes
Tenant's permitted use of rented parking space
What does your contract say?
If it identifies the space as a parking space, then it is not a storeroom, and the landlord would be within their rights not to allow you to treat it as one, irrespective ...
- 198k
28
votes
What is the purpose of a disclaimer like "this is not legal advice"?
This is not legal advice.
If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court.
If I don't ...
- 32.9k
28
votes
Can I deny people entry to a political rally I co-organise?
This would seem to fall under "negative" freedom of association; that is, the freedom to not associate with certain other people.
This article discusses the matter in the context of ...
- 13k
28
votes
What is the idea behind German courts having both professional judges and lay judges?
Lay Judges?
The lay judges in Germany are called Schöffen. I will refer to them as such in the following because just calling them lay judges as a German feels kind of wrong, as they carry the full ...
- 33.8k
26
votes
Accepted
Does the German GDPR require storing the data in a German datacenter for a tele-health company?
The goal of the GDPR is to ensure a single market for personal data processing throughout the EU. Since all EU/EEA member states now have equivalent levels of data protection, it doesn't matter in ...
- 23.9k
26
votes
Accepted
Can I legally refuse entry to a landlord?
In general, a German landlord needs to give at least 24 hours notice before he can enter a home, and allowance from the renter. The renter also has the "Hausrecht", not the landlord.
There ...
- 33.8k
25
votes
Which countries' inheritance laws apply?
German law applies
As your mother was a German national, German law applies to all her property worldwide.
US state law applies
As your mother was a permanent resident of a US state, its law applies.
...
- 198k
25
votes
Accepted
Tenant's permitted use of rented parking space
My understanding of the notice is that I am not permitted to do this. Why?
Because the "Garagenverordnung" (Link) of most federal states and other regulations say so. Your landlord is ...
- 6,015
24
votes
Accepted
Is there really a German law that requires that credit card companies *only* provide statements in read-only format?
The laws you are looking for are §§144 ff Abgabeordnung (AO) and are for those who are required by law (earnings greater € 500000) to retain their bank statements and wish to do so in an electronic ...
- 5,348
24
votes
Is PI legally allowed to require their PhD student/Post-docs to pick up their kids from school?
Asking as such is hardly ever illegal. Any stranger can ask you to pick up their kids from school, like you always can tell them where to go.
What I guess you are actually asking is whether the PI can ...
- 25.8k
24
votes
Accepted
Can a person go to the court if she signed a contract not to go to court?
What kind of contract would that be? One about... arbitration? One about "I hereby relinquish my claim for payment of X?" --- children cannot be taken away from their father, no matter what. ...
- 33.8k
21
votes
Legality of stealing news
Facts are not copyrightable united-states
Facts are not copyrightable since at least Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991).
IF you take only the facts and not ...
- 33.8k
19
votes
Can I sign a new contract before resigning from a job that has not yet started
Don’t be a dick
Tell your earlier employer that you can no longer take the position rather than have them waste time and resources on you.
You can try to negotiate a waiver of the break cost, most ...
- 198k
19
votes
Accepted
Treatment of lying/exaggerating witnesses
TV has lied to you about criminal trials
There is no secret evidence or sudden "gotcha" moment
new-south-wales
How a criminal trial is to be conducted is spelled out in the appropriately ...
- 198k
18
votes
Accepted
What would happen to the churches (physical buildings), works of art, etc. in case of a new schism?
Precedents And General Considerations
There are cases of similar things happening in Protestant churches and it ends up being quite case by case fact specific with details of how title is held to ...
- 195k
18
votes
Accepted
Can a founder of a non-profit company in Germany (gGmbH) receive a salary?
The crucial phrase is "in ihrer Eigenschaft als Mitglieder". This restricts the prohibition on receiving benefits from the gGmbH to benefits you'd receive because you are a partner. It is ...
- 1,005
16
votes
Accepted
Do the German contact restrictions prohibit any form of celebrating?
What most of your quotes are based on is this general consensus reached by the federal and state governments on how to proceed.
The actually legal implementation happens on the state level in form of ...
- 715
16
votes
In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?
Is it fine to threaten an employee like this?
No. It's actually a crime (StGB §240 Nötigung).
If they can do it that way, what are the consequences?
They absolutely cannot. Ending an employment ...
16
votes
Is it considered a breach of confidentiality if data is uploaded to a website which only makes that data available to the uploader?
As others have pointed out, you shared your code with a third party without getting the explicit okay from management. It doesn't matter what their stated policies are, you didn't give management the ...
16
votes
Does art. 12(1) of the German Basic Law require students to be automatically graduated regardless of grades?
I don't think it can be interpreted that way, particularly due to the second sentence in your quote: The practice of an occupation or profession may be regulated by a law. And such laws (or at least ...
- 4,865
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