BAG: Dismissal with immediate effect for drug use justified

A professional driver taking drugs may justify exceptional notice of dismissal with immediate effect. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, in its ruling of October 20, 2016 (Az.: 6 AZR 471/15). GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: […]

Michael RainerManaging Partner, MTR Rechtsanwälte

BAG: Staff appraisals when unfit for work – There are exceptions

The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, has clarified that sick workers generally do not have to appear at company appraisal meetings for staff. However, the Court also held that there are exceptions to this. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: An employee […]

Michael RainerManaging Partner, MTR Rechtsanwälte

The board of directors of listed companies. Some useful criteria for non-listed companies (LeQuid/José M. Dutilh)

The Law of capital companies (Ley de Sociedades de capital – LSC) regulates notable aspects of the board of directors of listed companies. It would be very interesting to apply those measures to non-listed companies in order to improve its functionality and to reduce responsibilities.    1. Board of Directors Composition 1.1   Directors The directors […]

Cyprus company obligations

With ever increasing regulations and reporting requirements, it is now of even more importance to ensure that Cyprus companies are meeting all of their statutory and other reporting obligations. To help starting the New Year fully aware of such requirements, and to avoid unnecessary financial and other penalties, we are outlining below the most typical […]

Labour leasing: Changes to temporary employment

The legal provisions pertaining to labour leasing, also referred to as temporary employment or subcontracted work, are being shaken up. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: The Bundestag, Germany’s lower house of parliament, recently passed the so-called Gesetz gegen den Missbrauch von Leiharbeit […]

Michael RainerManaging Partner, MTR Rechtsanwälte

OLG München on a GmbH shareholder’s fiduciary duty

Even the best of families has arguments, and the same is true for shareholders of a GmbH. Having said that, a ruling of the Oberlandesgericht (OLG) München [Higher Regional Court of Munich] demonstrates that a shareholder’s fiduciary duty does not apply in every case. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Dismissal with the option of altered conditions of employment: Clarity of revised offer

A notice of dismissal with the option of altered conditions of employment terminates the employment relationship as constituted based on the conditions in place up until that point in time.  At the same time, an offer is made to continue the employment relationship with revised conditions. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Grazer Treuhand Steuerberatung GmbH & Partner KG joins IR as the exclusive Tax (Accountants) & Tax (Law) Member in Austria

IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Dr. Stefan Drawetz of Grazer Treuhand Steuerberatung GmbH & Partner KG. Stefan has joined IR as our exclusive Tax (Accountants) & Tax (Law) Member in Austria. Grazer Treuhand was founded in 2003 by six renowned and independent tax consulting agencies joining forces. Currently […]

Advantages of insolvency proceedings for corporate refinancing and restructuring in Spain (LeQuid Abogados-José M. Dutilh)

This article, will show all huge advantages that insolvency proceedings offers to the corporate restructuring in Spain, when it is on time. In order to bring a wider knowledge over all mechanisms provided by our insolvency Law, we would like to say that in 2002 (record year), an amount of 7,799 insolvencies were declared, however, […]