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 ...
- 17.2k
40
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 ...
- 508
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 ...
- 12.1k
27
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 ...
- 25.4k
27
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 ...
- 13.8k
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 ...
- 17.2k
26
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.
...
- 151k
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 ...
- 4,013
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 ...
- 20.1k
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 ...
- 134k
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 ...
- 447
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 ...
15
votes
Which countries' inheritance laws apply?
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 ...
- 743
15
votes
Accepted
Can a foreigner from non-EU country rent out his/her apartment in Germany?
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 ...
- 134k
14
votes
Accepted
Is it illegal in Germany to spread a list of locations that allow you to violate compulsory mask wearing
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 ...
- 4,901
14
votes
Accepted
How can I request an ISP to disclose their customer's identity?
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 ...
- 5,225
14
votes
Accepted
What law makes a Movie "Nicht Feiertagsfrei"?
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 ...
- 151k
13
votes
Blackmail inside Germany
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 ...
- 5,225
13
votes
Accepted
Can you take action against a miserable pass-rate of an exam?
No, the result of an exam is not actionable.
The court could only make a decision whether legal proceedings were met.
However, the grader’s decision whether a particular answer (and thus the overall ...
- 990
13
votes
Accepted
Is the German embassy in London bound by British accessibility law like the Equality Act 2010?
Laws of the host country do apply in foreign embassies, but the authorities of the host country may only enforce laws in a foreign embassy by invitation of the foreign diplomatic delegation.
So the ...
- 24.8k
12
votes
Accepted
Can a landlord ask me to see my luggage when moving in?
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 ...
- 599
12
votes
Accepted
What kind of information is a police officer in Germany allowed to ask, in random situations on the street, e.g., during a traffic check?
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 ...
- 1,136
12
votes
Is it illegal in Germany to spread a list of locations that allow you to violate compulsory mask wearing
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 ...
- 221
12
votes
Accepted
Is there a time after which I can leave when I can't get in the office?
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 ...
- 236
12
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?
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 ...
- 1,225
12
votes
Why do some laws make saying "Heil Hitler" illegal when other laws allow freedom of political speach?
Any country is their own sovereign
There is no international law that demands any state to allow anyone free speech of all kinds. Remember that your rights end where the rights of others [incl. ...
- 13.8k
11
votes
Accepted
Under which German laws is it illegal to mock foreign rulers?
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
...
- 160k
11
votes
Can you be convicted for being a murderer twice?
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 ...
- 17.2k
11
votes
Accepted
Is PI legally allowed to require their PhD student/Post-docs to pick up their kids from school?
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 ...
- 354
11
votes
Is there a time after which I can leave when I can't get in the office?
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 ...
- 151k
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