Hot answers tagged

72

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 while. So don't quit voluntarily if you aren't keen on living from savings for three months. If you want to quit, get another job first. (You should get another ...


40

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 to avoid any 'constructive implication' of attorney-client relationship.


28

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 individuals who refused to join a trade union: the ECHR decided that the right to not join a union is just as much a part of freedom of association as the right to join ...


27

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 say "this is not legal advice", there is a 99% chance that the judge will laugh you out of court. I'll cover the one percent.


27

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 are exceptions, most of them to prevent damage from an ongoing danger threatening the house. A clear example would be a broken water pipe. 1 week notice also ...


26

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 which member state data is stored or processed. Member states cannot generally limit this single market via national laws. Furthermore, secure processing may be ...


26

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. Conflict of Laws It is unlikely (read impossible) that you will be able to comply with both laws simultaneously. You, therefore, have a conflict of laws ...


24

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 form (§146a AO). So when needed as proof for the tax office, this unchangeable PDF format is needed. The law does not forbid the bank to also give out the bank ...


24

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 require you to do it. No they probably cannot: it would have nothing to do with the matter of your contract or nature of your professional relationship with ...


18

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 property, the exact language of governance documents, since Protestant churches are organized at a governance level, and hold property titled in a variety of ways. ...


16

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 decrees. Therefore, the quoted texts are not to be taken as legal text, but human-readable¹. In particular they are not to be taken painstakingly literal, but ...


16

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 contract immediately (BGB §626 Fristlose Kündigung) is only possible if there are facts that make continuing the employment to the end of the notice period "...


15

It is complicated. The US (state) law and the German law both have rules on conflict of laws. I can only deal with the German part: The deciding law is the Regulation (EU) No 650/2012 for the applicable law in matters of succession. The deceased did not choose a law. Art. 21 § 1 says: Unless otherwise provided for in this Regulation, the law applicable to ...


15

A non-E.U. person may own real property in Germany and may rent it. Earning rental income from an isolated piece of investment property is not considered being "gainfully employed" for purposes of a tourist visa. This is basically because the tourist visa and your presence in Germany are not what is facilitating your German rental property income. ...


14

The COVID restrictions are new enough that there are few court decisions on how to interpret them. There are frequent requests for court injunctions seeking temporary relief. Some pass, some are denied. The website might accuse locations listed there of breaking the restrictions. Making such an accusation in public sounds like a very bad idea, especially if ...


14

Hacking into a computer owned by someone else and accessing the data stored on it without permission is a misdemeanor according to StGB 202a (de|en). But only if it's successful. So a failed attempt isn't a misdemeanor yet. When you notice that someone might have committed a criminal offence (regardless of whether you are a victim or just a witness), then ...


14

Federal law protecting public holidays This explains that this has been the law since 1952 when the FRG was granted autonomy following World War 2. They are films that contradict the "serious nature" of these holidays and which are to be feared that they violate "religious and moral feelings", according to the guideline of the FSK . Which ...


13

There is actually a rather recent law in Germany which would make nonconsensual distribution of images which could damage the reputation of a person illegal: §201a StGB [de|en] "Violation of intimate privacy by taking photographs or other images". This law says that: whoever, without being authorised to do so, makes available to a third party a ...


12

Once your rental contract starts, your landlord must give you access to the rented flat. If he doesn't do so he is in breach of contract. You could sue him, but that would be a bad start for a longer term contractual agreement. It might be less time and effort to look for a new flat. And do you really want to be in a long term contract with someone who ...


12

The page owner might be breaking the law in three ways: She might unrightfully claim that certain businesses are breaking the law, punishable as defamation and under civil law. She might help others to break the law. She might instigate others to the illegal act of not wearing a mask. However, I see some similarities to the unpunished act of publishing ...


12

There is no legislation in Germany that explicitly states how long you have to wait in such a situation. First let's look what happened: According to your work contract, you are obligated to be available for work and follow the directions of your employer. Let's not go into nuances of the latter duty, because they depend on what type of work you are doing. ...


12

amon gives a good answer, but let me approach it from a different direction. Frankly you don't want to be working for a company that wants you gone. Even if they can't get rid of you, they can make your life very unpleasant indeed. On the other hand you want a stable job, and the money you are due if they fire you. Here is my advice: Take a copy of every ...


11

Section 103 of the German criminal code states: (1) Whosoever insults a foreign head of state, or, with respect to his position, a member of a foreign government who is in Germany in his official capacity, or a head of a foreign diplomatic mission who is accredited in the Federal territory shall be liable to imprisonment not exceeding three years ...


11

The German Bar Association published an article about your rights in traffic controls (Polizei­kon­trolle: Das sind Ihre Rechte, July 2018) and an article about your rights in identity checks (Was darf die Polizei bei einer Perso­nen­kon­trolle?, June 2018). Traffic check You do have to answer questions for determining your identity (see section about ...


11

Murder is one of the few cases where the intention and not just the act is relevant. The act – killing a person – is the same for Mord and Totschlag, whereas fahrlässige Tötung covers acts that have caused the death of a person. The language of the Stgb labels the perpetrator who killed someone as a murderer or manslaughterer depending on their intention. ...


11

The Black and White In the USA -- and I imagine in most places -- employees are only contract-bound to carry out the terms of their contract. If you are not contracted to do a certain task, then you are not legally obligated to do that thing as part of your job. In short: it depends on the terms of the contract. The Gray Of course, no contract outlines every ...


11

At common law, you must comply with the lawful and reasonable directions of your employer Your employer has directed you to be at the office at a specific time, stay for a period and work at the tasks that form part of your job. In normal circumstances, this is both lawful and reasonable. There may be circumstances where the directions would be unlawful; for ...


10

All residents in Germany need to have a registered address. The reasons for that are numerous: no need for a separate voting registration, it gives a place to deliver legal notices, it helps enforcing tax regulation (though tax law has another definition of "residence"), certain taxes are assigned to the municipality where you are registered, no need to do ...


10

Trials in German criminal cases are generally open to the public (subject to exceptions similar to those in the U.S.) and there is a presumption of innocence until proof beyond a reasonable doubt establishes otherwise in its criminal justice system. The authority for this and the history of this are explored below. In a criminal case in Germany, according ...


10

The first line is “who kills a person”. That is clearly doing something. And the last three lines describe the motivation, not what you are. That’s very similar to “first degree” and “second degree” murder in the USA although the exact criteria are different - “planning” is not part of the German definition although any German murder is likely planned. ...


Only top voted, non community-wiki answers of a minimum length are eligible