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Topic: Federal Labor Court of Germany


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In the News (Fri 17 Feb 12)

  
  Federalism - MSN Encarta
Federalism varies in practice, however, and in some countries with federal systems the central government plays a large role in community planning, schools, and other local issues.
Although federal courts tend to take a broad view of national powers, in the early and mid-1990s the Supreme Court issued several rulings that curtailed congressional power over the states.
In a similar decision in 2000, the Court ruled that states cannot be sued for violating a federal age-discrimination law.
encarta.msn.com /encyclopedia_761572095/Federalism.html   (1880 words)

  
 Muslim Woman Victorious in Labor Court | Current Affairs | Deutsche Welle | 10.10.2002
Germany's Federal Labor Court rules that a Hesse department store unlawfully fired a Muslim saleswoman because she wore a headscarf to work.
As part of their decision, the national court rejected a state labor court's earlier decision that business at the department store in a small town in the state of Hesse could suffer because "conservative clientele" would be scared off.
The labor court's ruling was very different from the German Administrative Court's ruling in July concerning a Stuttgart teacher fired for wearing her headscarf to work.
www.dw-world.de /popups/popup_printcontent/0,,653550,00.html   (464 words)

  
 Information and Disinformation
The federal labor court is the first and only court at the highest federal level in Germany to decide that Scientology could not use the status of "religion." It was for this reason that it permitted the wages complaint of s staff member back in 1995.
The Court specifically ruled that, under the Treaty, it was inappropriate for the Federal Finance Office to ignore or seek to contradict the IRS exemption rulings.
Just last week, however, the Federal Labor Court essentially nullified its 1995 decision when it ruled in a similar case that staff in churches of Scientology in Germany "seek idealistic purposes and spiritual perfection through the teachings of Scientology" and are not therefore in an employee-employer relationship with the Church.
www.lermanet.com /cisar/germany/021101.htm   (982 words)

  
 Germany
Germany was invited by the Community of Democracies' (CD) Convening Group to attend the November 2002 second CD Ministerial Meeting in Seoul, Republic of Korea, as a participant.
Labor courts are courts of first instance; therefore, complainants file their cases directly with the labor courts.
Federal regulations limit the workweek to a maximum of 48 hours, but the number of hours of work per week was regulated by contracts that directly or indirectly affect 80 percent of the working population.
www.state.gov /g/drl/rls/hrrpt/2002/18367.htm   (9573 words)

  
 Basic Law for The Federal Republic of Germany   (Site not responding. Last check: 2007-10-19)
If new functions arise for the Federation in matters on which it has the power to legislate, Federal authorities at intermediate and lower level may be established in case of urgent need, with the consent of the Bundesrat and of the majority of the members of the Bundestag.
The decision on constitutional disputes within a Land may be assigned by a Land law to the Federal Constitutional Court, and the decision of last instance in matters involving the application of Land law, to the higher Federal courts of justice referred to in paragraph (1) of Article 95.
The requirements of the Federation and of the Laender in respect of budget coverage shall be coordinated in such a way that a fair equalization is achieved, any overburdening of taxpayers precluded, and uniformity of living standards in the Federal territory ensured.
www.leftjustified.com /leftjust/lib/sc/ht/wtp/germany.html   (15909 words)

  
 Germany, 84 BVerfGE 212
However, the court continued, the right to lock-out is limited by the principle of proportionality which encompasses issues of necessity, suitability and numerical proportionality.
However, the Federal Labor Court [in the challenged decision] deems the suspensory defensive lock-out (suspendierende Abwehraussperrung) as a reaction to limited partial strikes under the given economic circumstances a prohibited means for the maintenance of a functioning free collective bargaining.
The Federal Labor Court [was entitled to use this numerical relation] to find the declaration of the employer associations illegal without such a finding constituting a limitation which is out of proportion of the petitioner=s [freedom of coalition]...
www.hrcr.org /safrica/freedom_assoc/84bverfge212.html   (1739 words)

  
 [No title]   (Site not responding. Last check: 2007-10-19)
In 2000 the Federal Constitutional Court passed a groundbreaking ruling in which it found the condition of "loyalty to the State" to be a violation of the constitutionally mandated separation of religion and State.
Last year, a federal court upheld previous rulings against Ludin, arguing that while religious freedoms are anchored in the German constitution, the relationship between students and teachers from different religions could be disrupted if teachers display their religious identity.
In October 2002, the Federal Labor Court ruled that staff in churches of Scientology in Germany "seek idealistic purposes and spiritual perfection through the teachings of Scientology" and are not therefore in an employee-employer relationship with the Church.
www.hrwf.net /html/germany_2003.html   (9488 words)

  
 Germany - The Judiciary
Federal law delineates the structure of the judiciary, but the administration of most courts is regulated by Land law.
This federal-Land division of labor allows the federation to ensure that laws are enforced equally throughout the country, whereas the central role of the Länder in administering the courts safeguards the independence of the judicial system from the federal government.
Regional courts function as courts of appeals for decisions from the local courts and hold original jurisdiction in most major civil and criminal matters.
countrystudies.us /germany/155.htm   (1081 words)

  
 Wikinfo | Supreme court   (Site not responding. Last check: 2007-10-19)
In Scotland the supreme court is the Court of Session.
In New York State, "Supreme Court" is part of the name of various trial courts; each of them is subordinate to its respective Superior Court (and the Court of Appeals).
Interpretation of the German constitution, the Grundgesetz, is the task of the Federal Constitutional Court of Germany.
www.wikinfo.org /wiki.php?title=Supreme_Court   (945 words)

  
 JURIST - Germany
The German government is parliamentary, and a democratic constitution emphasizes the protection of individual liberty and division of powers in a federal structure.
Germany has an independent federal judiciary consisting of a constitutional court, a high court of justice, and courts with jurisdiction in administrative, financial, labor, and social matters.
The highest court is the Bundesverfassungsgericht (Federal Constitutional Court), which ensures a uniform interpretation of constitutional provisions and protects the fundamental rights of the individual citizen as defined in the Basic Law.
jurist.law.pitt.edu /worldlaw/germany.php   (366 words)

  
 Jones Day - Publications - German Labor and Employment News
Similarly, the Federal Labor Court decided that the staff member of a kindergarten could not successfully demand that she work only on a part-time basis as the teacher’s part-time status did not fit in with the kindergarten’s organizational plans.
In December of last year, Germany’s Federal Labor Court stated that the employee’s place of performance, the employer’s place of business and the employee’s domicile are the primary factors in determining which country’s laws shall apply to an employment relationship.
The court finally concluded that German law applied to the employment relationship, and thus the defendant, a Belgian employer, was not required to pay termination compensation to the plaintiff, a German employee who had been hired in Belgium.
www.jonesday.com /pubs/pubs_detail.aspx?pubID=S1692   (3584 words)

  
 Specialized Courts in Select European Countries - Concept Paper on Specialized Courts
Although the courts of the United States and those of the European countries classify most of their judgeships into the generalist category because they serve in what are generalist courts, there is an important distinction.
Most of the specialized courts in the French judicial system fall under the general category of administrativeùas opposed to judicialùcourts that are arranged in a hierarchical structure, the apex of which is the Council of State.
The labor courts have jurisdiction in disputes between employers and employees that stem from labor relations, questions of collective bargaining, and corporate co-determination to the extent that labor relations are involved.
www.abanet.org /ceeli/publications/conceptpapers/speccourts/spc1b.html   (904 words)

  
 Courts and cases Germany (Lexadin)
The Court is composed of 16 judges assigned by the two senats for a non-renewable period of 12 years.
The Regional courts (landesgerichte) are the courts of appeals for decisions from the local courts and courts of first instance in major civil and criminal matters.There are more than 100 regional courts in Germany.
The Federal Administrative Court is the highest instance for administrative matters arising from disputes between citizens and the german authority.
www.lexadin.nl /wlg/courts/nofr/eur/lxctdui.htm   (413 words)

  
 The Supreme Court Historical Society
As "a man of small means," with a large family, he complained, he needed the boys’ pay for their "comfortable support and maintenance." Their work was "altogether in the production of manufactured goods" and had "nothing whatsoever" to do with commerce.
Five Justices thought that in enacting the Child Labor Law Congress had usurped the powers of the states; such laws might destroy the federal system.
Russian emigres, charged with espionage, who were at the center of the Court's 1919 decision in Abrams v.
www.supremecourthistory.org /02_history/subs_history/02_c09.html   (798 words)

  
 [No title]
The Federal Republic of Germany is located in Western Europe, bordered to the west by the Netherlands, Belgium and France.  On its eastern border lie Poland, the Czech Republic and Austria.  Germany is home to over 83,000,000 people, roughly 90% of whom are of German heritage.
The Federal Republic of Germany is comprised of sixteen states, or Lander.
Federal President is elected by a special body called the Federal Convention.  The Federal Convention is composed of the Bundestag, or House of Representatives, and delegates elected by the parliaments of each Land.  Once elected, the
law.cua.edu /ComparativeLaw/Germany/Germany.htm   (858 words)

  
 Federal Labor Court of Germany - Wikipedia, the free encyclopedia
The Federal Labor Court (Bundesarbeitsgericht) is the German federal court of appeals for cases of labour law, both individual labour law (mostly concerning contracts of employment) and collective labour law (e.g.
The court hears cases from the Landesarbeitsgerichte (Superior State Labour Courts), which, in turn, are the courts of appeals against decisions of the Arbeitsgerichte (Inferior State Labour Courts).
The Bundesarbeitsgericht is located in the city of Erfurt.
en.wikipedia.org /wiki/Federal_Labor_Court_of_Germany   (126 words)

  
 Federal Government -- Sources [Law] [ ALSO! -- U.S. Law ]
Opinions are issued during the court's regular term, which starts the first Monday in October and ends in late June or early July.
See a table of the federal judicial circuits showing each court's location (city) and included districts (states).
Participating courts (which are not numerous) are located in several states and are listed on a drop-down list on the main screen.
www.lawsource.com /also/usa.cgi?us1   (4210 words)

  
 Doing Business in Germany
Nationals and legal members of EU countries have unlimited freedom in Germany and do not require any permits to work.
Items you intend for personal use may be brought into Germany if you have owned the items for 6 months before entry into the country and that you use the items 12 months after you enter.
If you drive in Germany, it is recommended that you get an International Driving Permit (IDP), which are written in 9 languages.
www.unc.edu /~edlin/germany/law.htm   (359 words)

  
 Germany, East (Former) : Country Studies - Federal Research Division, Library of Congress
Germany, East (Former) : Country Studies - Federal Research Division, Library of Congress
Workers and the Free German Trade Union Federation
Women and the Democratic Women's League of Germany
memory.loc.gov /frd/cs/gxtoc.html   (146 words)

  
 GUIDE TO LAW ONLINE: Germany
News Bulletins / Pressemitteilungen (Juristisches Internetprojekt Saarbrücken) provides news bulletins in German on the German Federal Constitutional Court and Federal Supreme Courts of Germany.
Basic Law for the Federal Republic of Germany (1990) offers an English translation of the German Constitution, although not updated; see the French/German Loi Fundamenal / Basic Law [Grundgesetz] for current information
Legal Research in Germany at the Crossroads of Traditional and Electronic Media: An Overview (Rita Exter and Martina Kammer, via LLRX) July 2, 2001
www.loc.gov /law/guide/germany.html   (393 words)

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