Traunstein

2024-05-28 13:39:28
#Leaving #scene #accident #permission #insurance coverage #protection

As the end of a fixed-term employment relationship approaches, employees often have numerous appointments to make. After all, they have to look for a new job and have to have discussions with the employment office or job interviews. But when is the time for this if employees have to continue working? Does your employer have to give you time off to look for a job?

Yes. As Johannes Schipp, a specialist lawyer for labor law in Gütersloh, explains, the prevailing opinion is that the right to time off to look for a job when an employment contract expires arises from paragraph 629 in the Civil Code. This is regardless of whether employees have received notice of termination from their employer or whether their contract ends.

It specifically states that the employer must grant employees free time to look for a job during the notice period. The right to time off applies not only to a specific job interview, but also to appointments at the employment agency or a job placement agency.

How many interviews are allowed?

“The right to payment of remuneration during this time can also be found in a very general regulation in the law,” explains the specialist lawyer. According to him, paragraph 616 of the Civil Code states that employees are released with continued payment of wages if they are temporarily prevented from carrying out their duties through no fault of their own. “This also applies to opportunities such as job interviews when looking for a job.”

It is not possible to say in general terms how often the employer has to agree to time off work for such appointments. According to Schipp, in the case of a temporary employment relationship that exists over a long period of time, it is also conceivable that the employer has to accept “five interviews in one week.”

About the person: Johannes Schipp is a specialist lawyer for labor law, a member of the German Bar Association (DAV) and was chairman of the executive committee of the labor law working group in the DAV until August 2021.

§ 629 BGB

§ 616 BGB

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2024-03-04 01:31:43
#Fixedterm #contract #time #search #job

Anyone who leaves the scene of an accident without permission is not automatically committing a fraudulent breach of duty towards their motor vehicle insurance company. It depends on the individual case – and the burden of proof lies with the insurer.

This is shown by a decision (ref.: 46 S 58/22) of the Berlin Regional Court, which the Traffic Law Working Group of the German Lawyers’ Association (DAV) reports on.

Witness statements convicted the fugitive

This specific case involved a man who was involved in a car accident. He left the scene without calling the police. However, the accident did not go unnoticed. Witnesses reported him to the police. She found the man in a nearby café.

The driver’s insurance company filed a lawsuit against the man, accusing him of fraudulent behavior. This means that insurance coverage would no longer apply.

However, this did not hold up in a hearing before the district court; the court ruled in the driver’s favor. The insurance company appealed against this.

Excessive demands instead of malice are also conceivable

But this was rejected by the regional court, which confirmed the district court’s judgment. The reasoning is: Yes, the defendant had left the scene of the accident without permission. However, this does not necessarily have to be viewed as malicious behavior. An accident often overwhelms those affected.

They do not necessarily have to intend to damage the interests of their insurance company. In addition, the person concerned had to expect witnesses on site, who then actually took action. Nevertheless, the man went to a nearby cafe, which posed the risk of being discovered.

In the court’s opinion, this spoke against the assumption of purposeful behavior that disregarded the interests of the insurance company. Since the insurer had to prove fraudulent intent and did not have sufficient evidence, the lawsuit was unsuccessful.

Traffic Law Working Group

Verdict in verbatim

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2024-02-20 23:44:40
#Leaving #scene #accident #permission #insurance #cover