Posts Tagged ‘Loophole’

Because the law prohibiting petty dismissals.

3. Januar 2010

The SPD, Greens and Left have now finally recognized one of the loopholes in labor law and want to act against the madness of Bagatellkündigungen, they should be banned.

In the so-called Bagatellkündigungen lawyers and judges working again terminate the contract without layoffs are due to „questionable theft offenses consent. Just the facts speak against this legal basis, because in neither case was a display in front of theft to the police.

Already own this contradicts the concerns of opponents of a ban on Bagatellkündigungen, because federal labor judge Schmidt had said in the Süddeutsche Zeitung, dismissals were for petty offenses, such as the consumption of a hamburger, or the theft of two Pfandbons, completely natural. Criticism is simply wrong. Theft and embezzlement of low-grade cases had a reason for dismissal for decades.

That something wrong and illegitimate practice for decades in Germany, is still no proof of the legality. The federal judge work as a representative of a fact not a single jurisdiction may submit to trial as evidence of their blanket claim of „theft.“ Obviously she does not know the Penal Code. And with bullying should FrauSchmidt after the bullying ban in Austria is also engaged once, maybe they recognize relationships. Miracles as happens repeatedly, even with the „gods in black“.

Here, the legislature must take action now and Labor Regulations by the „gods in black“ make clear, is charged, the accusation of theft, there must be a police investigation as proof. Otherwise, this is an insult and should in turn lead to a complaint by the court to clarify the charges of „theft“ and only then can a decision be made before an employment tribunal.

Ultimately, you can support the Greens and the SPD dieLINKE only, although supposedly there is a species from the gods in black, but only in Germany and not in the EU. (1)

„Judges generally are under special protection of species. Your opinion is – whether we like it or not. Scolding is considered bad manners, that few politicians dare to consider the legal opinion of the top law enforcement officials in doubt. But on Tuesday did not keep many of the label. >> Not to date <<, echauffiert the green law expert Jerzy Montag. <<A rather salient reality of life ‚,‘ Gesine Lötzsch diagnosed by the Link Group. >> There was perplexing <<, the SPD deputy Anette Kramme. „(2)

It can be seen already that German judges fear the European legislative level and above there will come a change in the law. One can only hope that soon a case like that of Emmely before the EU Court of Justice lands. From there, then Germany will have the obligation to adopt finally a labor law in which the dignity of the people against defamation, such as the theft will be protected.

Ms. Schmidt is mistaken, therefore, the EU has also called for the AGG and other laws of Germany and maintain. We are victims of bullying and harassment have, therefore, with the EU a strong partner by the hand, to the unspeakable legislation in Germany to push a bolt on. The era of „Gods in Black ‚is running out and we can only hope that soon judges speak from France, England or Holland, in Germany, right, then we have again the article 1 of the Basic Law as the number one rule of law put into effect and not destruction of life sentences because of the „consumption“ used ravioli „or alleged theft of deposit tokens.

1) http://www.sueddeutsche.de/jobkarriere/949/498246/text/

2) http://www.spiegel.de/wirtschaft/soziales/0, 1518,669468,00. html