All Questions
Tagged with germany contract-law
45
questions
15
votes
4
answers
5k
views
Can a salary be reduced?
My company is restructuring positions and salary ranges, and they are informing people about their new salaries (sometimes 20% lower than their current salaries).
Is it legal for the employer to lower ...
- 303
33
votes
3
answers
4k
views
What law governs shopping carts?
The title may sound a bit funny but it is something I spent a few hours thinking about during a recent car trip :)
In my country in order to get a shopping cart, you have to insert a coin. When ...
- 675
-2
votes
1
answer
119
views
When has a doctor fulfilled their contractual duty
Generally when getting a service from some provider it is implied that that provider has to provide the service they ask money for. If I buy a phone and that phone is broken they have to replace or ...
- 213
0
votes
1
answer
162
views
Notice period of tenant to terminate apartment
I have a apartment with fixed term. (10 month). in Contract it mentioned that,
tenant can live in current month if noticed landlort before 15th of
each month. In this case no metter when tenant leave ...
- 109
2
votes
2
answers
140
views
(Germany) Does a follow-up lease contract completely supersede the old one?
In the last three years or so I had to sign a new lease contract for the same place three times:
At the very beginning of the lease
When my girlfriend moved in
When I had to get an extension for 3 ...
- 151
15
votes
5
answers
6k
views
Is it considered a breach of confidentiality if data is uploaded to a website which only makes that data available to the uploader?
I'm a developer working at a company that handles sensitive banking information and recently, I've had troubles organising my code and thus posted it in a private repository on Github, which only I ...
- 153
7
votes
4
answers
4k
views
Can I sign a new contract before resigning from a job that has not yet started
I have accepted an offer and signed a contract that starts next month (from August).
However, now, I have a new job offer that I prefer. I would like to accept it and sign a contract for this new ...
- 230
0
votes
0
answers
108
views
Living and working in Turkey and working remotely for a University in Germany
I'm an EU citizen, living and working full time in Turkey. Now, there is a possibility that I could also work remotely for a University in Germany. My question is: Should I pay taxes in Germany for my ...
0
votes
3
answers
192
views
Meaning of "following the end of the month after next" on room contract?
My landlord has provided the following information to terminate the contract period on their website (under Accommodation FAQs at the bottom):
What are the notice periods?
As an exception, the ...
- 23
2
votes
3
answers
302
views
Should I work more than the mentioned working days in my job contract?
I am working in German company and my job contract states following:
Der Arbeitnehmer erhält für die unter vorstehend Ziff. II. näher bezeichnete Tätigkeit ein Bruttogehalt in Höhe von X Euro bei 21 ...
- 121
2
votes
1
answer
138
views
Do tenant need to sign damage documents after leaving their rented appartment?
when my landlord checked my room on my leaving day he claimed that my room wasn't clean (for example the mattress under the cover were dirty with black spots on them).
but the thing is they were ...
0
votes
0
answers
67
views
Can a fitness studio extend a cancelled contract because of lockdown?
I cancelled my contract with a fitness studio in summer 2020. The 6 month cancellation period was due to end in March 2021.
In Germany, fitness studios had to close in November 20 because of Corona. ...
- 101
2
votes
2
answers
885
views
Is a contract allowed to have illegal / unenforceable clauses?
My understand of contract law in general, is that an illegal or unenforceable clause does not render the whole contract void, but rather that specific clause is essentially stricken out, as if it did ...
- 323
0
votes
2
answers
479
views
What if I don't pay the deposit of a rental contract?
Here is the situation:
I've just moved to a new flat in Germany, and my contract states that I need to pay a certain amount of deposit to my landlord. However, I really didn't like the flat from the ...
- 501
3
votes
3
answers
1k
views
Is an email legally binding for booking an apartment in Germany?
I am a visiting scientist in Heidelberg, Germany. I was unsuccessful in my search for a private apartment in town so I made a reservation request with the University guest house. They sent me a ...
- 31
0
votes
2
answers
119
views
How can i protect my self from contract termination in Germany?
I was offered a job position in Germany, this contract gives me the right to buy shares in the company (GmbH) after working for 4 years in this position.
As I understood if I quit or my employer ends ...
0
votes
1
answer
1k
views
Is it legal to work more than more than 48 hours in EU with multiple jobs if one is a freelance job?
I am working full-time as an International research assistant (in a University Library) in Germany. A startup (based in London) asked me to work with them as a research consultant (a kind of ...
- 103
3
votes
2
answers
284
views
Can a shipping company offer a parcel delivery that does not include at least one attempt to deliver?
Suppose you order some item online and then you pay a shipping company to deliver the item to your home address. What exactly is the shipping company contractually obligated to do?
In spite of how ...
- 3,570
2
votes
1
answer
314
views
how to know if somebody sued you in germany?
2 years ago before I left Germany someone I knew said that he will file a lawsuit against me :(
I am now not in Germany and I didn't give this guy my address in my current country
but how can I know ...
- 29
2
votes
1
answer
59
views
Does an unlawful contract duration invalidate termination deadlines even after lawful extensions?
The following question is relevant for Germany. The contract of interest is with a gym, which might be relevant because contracts with them sometimes have special rules.
In Germany, a contract with ...
- 23
2
votes
2
answers
121
views
Can a company restrict the period in which a contract termination can be submitted?
I live in Germany and have a yearly contract for the Adobe Creative Cloud. This contract can only be canceled 30 days before the one year period ends. They say, that a termination notice prior to ...
- 21
0
votes
1
answer
80
views
Buying a business in Germany
Therr is Person A with SoleTraderCompA
and person B with no company.
Person A wants to sell to B,
B wants to buy.
Both residents of Germany.
How can this be processed?
Transfer obligations etc.
...
1
vote
1
answer
324
views
Can I sign multiple job contracts with different German companies?
I'm from a non-EU country, I have received some Job contracts from Germany.
Is it possible to sign them all, so in any case, I will not be without a contract if I lose one? What is the legality ...
- 119
1
vote
1
answer
2k
views
Are contracts correct/legal with a wrong Postcode and City?
Last week I signed a contract for a gym membership with the wrong location. I'm not really aware of how contract signing is handled in other countries, but here in Germany it always is a part of it. ...
- 187
0
votes
1
answer
108
views
Work remotely in a EU country for a non EU company
I am a German citizen permanently living in Germany. Is it legal to be employed by a company located in Mauritius and work 100% remotely without ever visiting Mauritius?
- 103
1
vote
2
answers
394
views
Is the termination of a contract valid without a confirmation paper?
So I terminated my gym membership about 2 months ago (notice period was 1 month, but I wanted to have it done at that point just to be sure). I handed in the paper personally, because I still worked ...
- 187
3
votes
2
answers
264
views
Legally, what agreement is entered into when posting a letter (in Germany)?
I am interested in what laws, either explicit or implicit, cover the delivery of a letter in Germany.
I would imagine that if I accurately address a letter that contains content which is permitted, I ...
- 323
1
vote
3
answers
239
views
What about if a company use the information that you shared during interview
I am a software engineer in Germany, I had an issue and i don't know how to react:
Several weeks ago i had a job interview with a recently founded startup; I met with a co-founder of startup and we ...
- 113
1
vote
2
answers
313
views
Quitting Job on the first day? What would be my last day? (Germany)
I wish to cancel my new work agreement that I already signed.
On 01.02.2019 (First day at the job)
Notice of termination: one month to the end of the month (during the probationary period)
Which ...
- 162
1
vote
2
answers
159
views
Legality of employment contract clause - Training reimbursement
I have a German employment contract which stipulates that if I was to leave the company before a certain time, I would have to pay back (some of) the cost of training to the employer.
In this case, ...
- 131
2
votes
1
answer
2k
views
Employer did not accept resignation in Germany
I'm currently working for a company in Germany and the notice period is two weeks. I sent my resignation via E-mail.
They told me after 3 days that they did not accept it because I need to send it ...
- 95
2
votes
1
answer
130
views
Gym Membership Extraordinary Termination when Flaws were already present before signing?
I'm going to a local gym in my town for about half a year. At the time I signed the contract I didn't have a car and bus or train is terrible where I live, so I had no other gym to choose from. The ...
- 187
1
vote
1
answer
185
views
I signed a second work contracts in Germany, without checking my first contract
I am working in a full-time job and I signed another part-time job for 10 hours per week with a university in Berlin.
After I signed the part-time contract I found in my first contract that I have to ...
- 111
2
votes
0
answers
114
views
Tenant not vacating property(GERMANY)
-See below for German version-
A tenant's fixed term rental contract has expired, yet on the first day after the expiration, when keys were supposed to be returned, the tenant has not made any ...
4
votes
2
answers
309
views
The controlling language in German employment contracts
I am about to be employed in Germany under an American company which has a branch office in Germany.
Recently I got a contract from them that has side-by-side translations with German on the left ...
- 162
1
vote
1
answer
158
views
German Rental Contract error. Can landlord back charge 18months?
Berlin Landlord made an error in the contract, and now wants all tenants to correct the error by paying sum's going back 18months. Can they?
A little more detail:
A friend moved into a new apartment ...
- 594
0
votes
1
answer
158
views
Fine without any reminder, after not having honored contract obligations
This is a follow-up to this question:
Fine and contract-renew after NOT receiving an invoice
A year has passed, and the organization behaved exactly the same. They sent me a fine to pay, without ...
- 137
0
votes
1
answer
295
views
What is a 'arbeitnehmerueberlassung' German working contract?
I've been a contractor/consultant for years - I'm familiar with the issues tax authorities have across Europe with regards to consultants being considered as an employee or as a contractor but I have ...
- 594
3
votes
2
answers
2k
views
Will I have problems if I accept two job offers in two different EU countries?
I am non-European and I have never lived in France. I recently got a job offer from a company in France and I signed it. A few weeks later, I received another job offer from a company in Germany.
...
- 61
3
votes
3
answers
592
views
Is a verbal agreement to start the hiring process (i.e., "preparing the contract") binding?
Is a verbal agreement to start the hiring process with a German company in Germany binding by the German law? In other words, does one have to sign the contract once it is ready?
- 61
1
vote
1
answer
172
views
Fine and contract-renew after NOT receiving an invoice
First things first, let's provide a little bit of background to my question:
3 Years ago I moved to Germany, where I pay my taxes. Since the first year I didn't understand very much about this topic, ...
- 137
0
votes
1
answer
161
views
I'm in USA, seeking to license to German manufacturer. Should I worry about using a German NDA?
I am working to license a technology for which I have US patent pending (I am in USA). I have a potential licensee in Germany. I would like to work with an NDA, not least to protect the option of ...
- 1
4
votes
3
answers
2k
views
German Employment Law - Contractual penalties for not commencing a job
I have signed a contract with a German company, and one of the clauses says that if I am unable to start working for them, in the case of intentionally resigning, then they would charge me one month ...
- 141
5
votes
1
answer
1k
views
Is contract valid if only one side signed it?
The company sent me the contract, I signed it and returned back to them, so now they should sign and send me the copy.
In Germany, what if they decide to not sign and withdraw the process. What one ...
- 151
5
votes
2
answers
314
views
DHL lost packet, Sender does not answer
The Scenario
I bought a notebook online from a private person. As he lives to far away, we agreed on he sending it via DHL. I paid the money, he took the packet to the mail office, but the packet got ...
