Judgment of the Düsseldorf Regional Court

Following the invalid termination of a logistics contract, it is the claimant's responsibility to provide all necessary supporting facts for the loss of profit claimed. In this respect, it is not sufficient to assert an average net profit after deducting all costs without providing the supporting facts relevant for verification. Based on such general statements, an estimate of damages pursuant to Section 287 of the Code of Civil Procedure (ZPO) is also not possible.

Conclusion

The Düsseldorf Regional Court clarified that in order to assert claims for damages following an invalid termination, it is necessary to present concrete facts relating to the lost profit. General information, such as average net profit without a detailed breakdown, is not sufficient. An estimate of damages pursuant to Section 287 of the Code of Civil Procedure (ZPO) is also not possible in such cases.

Der Beitrag Zu Schadensersatzansprüchen nach Kündigung eines Logistikvertrages erschien zuerst auf R&U.

At the same time, Commerzbank plans to create new jobs in its Polish subsidiary mBank and at Asian locations. The global workforce is expected to remain at around 36,700 full-time employees, which is almost the same as at the end of 2004 (36,842 positions). Commerzbank CEO Bettina Orlopp emphasized that these measures are aimed at positioning the company as a permanent player in the European banking sector.

Job cuts in Germany: The headquarters and the Rhine-Main area are particularly affected

The job cuts in Germany primarily affect the headquarters in Frankfurt and other locations in the Rhine-Main area. Administrative areas such as communications, building management, the staff of the divisional boards and back office tasks, in particular the processing and administration of transactions, are particularly affected. At the end of the year, Commerzbank AG recorded a total of 19,370 full-time positions in its home market.

"In order to make this transformation process socially acceptable, Commerzbank is focusing primarily on demographic change and natural fluctuation," the bank explained. In cooperation with employee representatives, the essential foundations for a partial retirement program have already been agreed, which is to be implemented this year.

Unicredit remains stubborn with Commerzbank

Commerzbank has been under increasing pressure since Unicredit took advantage of the federal government's partial exit in the fall to invest heavily in Commerzbank. Today, the Milan-based major bank holds around 28 percent of the DAX group's shares, of which around 9.5 percent are directly in shares and almost 18.6 percent through financial instruments. Should its share rise to 30 percent, Unicredit would be obliged to make a takeover offer to the remaining Commerzbank shareholders.

Unicredit CEO Andrea Orcel has been pursuing a takeover for months. Two days before Commerzbank presented its strategy, Unicredit used its balance sheet presentation to send Commerzbank a list of questions. Among them was the provocative question: "Are the new targets realistic - especially given that the previous targets were not achieved? Or are they based on overly optimistic assumptions and the pressure to fend off a potential takeover offer?" Commerzbank CEO Bettina Orlopp replied during the strategy presentation: "I assure you that we have clear answers to all the questions our Italian competitor and investor has asked about our strategy."

There is currently no takeover offer from Unicredit. Orcel itself stated this week that such an offer could be made in the fourth quarter of 2025 or the first quarter of 2026 at the earliest.

In view of the resistance in Germany, Orcel plans to use the time to promote his takeover plans to the new federal government. The federal government, which rescued Commerzbank with billions in tax money during the 2008/2009 financial crisis, still holds around 12 percent of the institute's shares.

Commerzbank sets ambitious growth targets

The management board, supervisory board and works council of Commerzbank are also fighting against what they see as "hostile" actions by the Italian Unicredit. Bettina Orlopp, CEO since October 1, is committed to securing the bank's independence through increasing profits and ambitious return targets.

In the coming years, Commerzbank aims to significantly increase its profits and become more profitable. After a record profit of almost 2.7 billion euros last year, the bank plans to increase its surplus to 4.2 billion euros by 2028. In addition, the return on equity is expected to rise from 9.2 percent in 2024 to 15 percent in 2028. However, profits are expected to fall to 2.4 billion euros this year as the job cuts will initially entail high costs. The bank expects one-off expenses of around 700 million euros. At the same time, annual costs are expected to fall by around 500 million euros as a result of the savings.

The branch network will remain reduced to around 400 locations, and the two-brand strategy with Commerzbank and the online bank Comdirect will remain unchanged.

Shareholders should benefit from high profit distributions

The Board of Management of Commerzbank plans to reward shareholders with high profit distributions. A dividend increase from 35 cents to 65 cents per share is planned for the 2024 financial year. For 2025, Commerzbank intends to distribute more than 100 percent of its surplus to shareholders, after deducting the interest on equity-like bonds. For the years 2026 to 2028, CEO Bettina Orlopp is aiming for a payout ratio of 100 percent, although this depends on the successful implementation of the new "Momentum" strategy and the economic environment.

Commerzbank shares initially rose by up to 2.6 percent on Thursday morning before the price gains shrank again. Ultimately, the stock was one of the losers in the German stock index, with a decline of half a percent. Industry expert Anke Reingen from the Canadian bank RBC assessed management's assumptions for the coming years as optimistic, especially with regard to the development of earnings.

New partnership with credit card provider Visa

In order to achieve its profit targets, Orlopp is relying on continuously growing income, particularly from commissions, in addition to job cuts and cost reductions. While 59 percent of income was used to cover banking costs last year, this figure is expected to fall to around 50 percent by 2028. This means that in future, Commerzbank only wants to spend around 50 cents on costs for every euro of income.

The bank is planning targeted acquisitions and partnerships to increase profitability. A significant new cooperation has already been concluded with the credit card provider Visa: Commerzbank customers will in future be given priority to receiving debit and credit cards from Visa.

Der Beitrag Commerzbank baut trotz Rekordgewinns fast 4.000 Arbeitsplätze ab erschien zuerst auf R&U.

Claiming vacation entitlements after 3 years

In a recent ruling (Judgment of 22.09.2022 – C-518/20 C-727/20) The European Court of Justice (ECJ) has determined that holiday entitlements do not have a three-year limitation period. This means that old holiday entitlements that could not be taken for health reasons, for example, can still be claimed even after several years and must be paid out to the employee.

In this specific case, an employee who was already receiving a pension due to a severe disability filed a lawsuit against Fraport. During his employment, he had been unable to take 34 days of annual leave due to his health condition.

No expiration of holiday entitlements: still valid 3 years later

Fraport argued that the employee’s holiday entitlement expired after the expiry of the § 7 III Federal Vacation Act (BurlG) The Federal Labor Court (BAG), however, questioned whether this regulation complies with European directives.

The ECJ ruled that holiday entitlements must be settled once they have arisen, regardless of the three-year limitation period common in Germany.

If you were unable to work in the past due to health reasons or pregnancy and therefore could not take your holiday, you are entitled to compensation for these holiday entitlements. We recommend: Have your claims reviewed by our team of lawyers, Sinan Böcek and Burcu Gülcan, who specialize in employment law.

The labor law expert at R&U Sinan Böcek answers your questions:

Am I entitled to vacation, wif I was sick all year?

The clear answer is: YES! According to the case law of the Federal Labor Court (BAG), the right to vacation does not depend on the employee's state of health. This also applies if the employee is ill all year round. In this case, however, special aspects must be taken into account, which should be examined by a lawyer beforehand.

Can remaining vacation days be cancelled?

No! The remaining vacation days may not be cancelled unilaterally by the employer. The employer must give the employee the opportunity to use the remaining vacation days in the same year, but no later than March 31 of the following year. If the employer does not grant this remaining vacation days, this vacation entitlement does not expire even after three years.

When does unused vacation time expire?

According to a recent ruling by the European Court of Justice (ECJ), the remaining vacation days do not expire! Therefore, it is possible to compensate for vacation days even if employment relationships have already ended, i.e. to get them paid out.

Can I get paid out for vacation days I didn't take?

It depends on whether the employment relationship has not been terminated. If the employment relationship continues, the employer must grant the holiday entitlement through paid leave. If the holiday entitlement no longer exists, the employee is entitled to a replacement holiday. The replacement holiday entitlement is intended to ensure that the holiday entitlement that no longer exists continues. This should take place under the conditions of the Federal Holiday Act (BUrlG) - i.e. paid leave instead of compensation in cash. If the employment relationship has ended, however, the only option is to compensate for these entitlements in cash.

Can remaining vacation last beyond 31.03. transferred beyond?

In Germany, there is no legal regulation that states that remaining vacation must be taken by March 31 of the following year. According to § 7 Federal Vacation Act (BUrlG) an employee is entitled to paid holiday and it is the employer's responsibility to ensure that the employee has the opportunity to take the holiday. It is therefore possible that remaining holiday can be carried over beyond 31 March, as long as it is agreed between the employer and the employee.

Does the employer have to inform about remaining vacation days and if so, when?

The employer has a duty to inform and cooperate in this regard. If the employer fails to comply with this duty, the remaining holiday entitlement can be carried over into the following year. The employer should therefore regularly inform employees that they still have holiday entitlement left and that they should take it before it expires. A good time to do this could be shortly before the end of the calendar year, for example.

Can the employer refuse to grant the remaining vacation days after termination?

After termination and termination of the employment relationship, it is possible to compensate for the vacation in cash. Those affected should therefore contact us and have us check their entitlement. It is therefore not permissible for an employer to refuse the remaining vacation just because termination has been announced. However, it is permissible for the employer to pay the remaining vacation in the form of time off in lieu or in cash when the notice period has expired, unless something else is agreed in your employment contract or collective agreement.

Do you have any questions about employment law? Then please contact our team of expert lawyers. We will provide you with legal advice that is sound and reliable – by phone or email.

Der Beitrag Bezahlter Jahresurlaub – kein Verfall von Urlaubsansprüchen erschien zuerst auf R&U.

On the other hand, many companies are currently facing cost-cutting measures. The main reason for this – in light of the looming recession in industrialized and emerging markets – is a decline in German exports, which will be reflected in Germany's overall economic output. In addition, the increasing automation of work processes is leading to a growing redundancy of work performed by employees.

Against this background, many employees are confronted with unjustified disputes or warnings that lead to negative entries in their personnel files without the employee being given the opportunity to explain their point of view.

Disputes with the employer – what should be done?

At a Termination There are often many unanswered questions for employees due to employers.

I'm still in my probationary period and was terminated by my employer without cause. Can I successfully appeal this termination, or is there no point?

Contrary to popular belief – even among lawyers, who only deal with labor law marginally – employees are not subject to the mere arbitrary decisions of their superiors. Special protection against dismissal for pregnant women or severely disabled people also begins upon signing the employment contract. However, this requires that the human resources department or employer is aware of the severe disability or pregnancy. If a works council or staff council exists, these bodies must be consulted before a dismissal is announced. When dismissing a severely disabled person, prior approval from the Integration Office must be obtained. Legal representation is recommended in such proceedings, because once the Integration Office's approval has been granted, it can only be challenged in court.

I fear serious consequences if I sue my employer. What can I do in this case? 

You don't always have to sue your employer! There are several labor law tools available that can achieve significant success in out-of-court disputes between superiors and employees. The situation is different for all types of dismissals, such as dismissals with a change of terms or dismissals based on suspicion on the part of the employer. In cases of this kind, legal action is necessary for reasons of effective legal protection.

Rogert & Ulbrich recommends that employees take immediate action

Do you feel unfairly treated? You don't have to let it go! We offer you a professional and free initial consultation. You send us all necessary documents (Employment contract, possible amendments, termination, payroll) and we will prepare for you within 24 hours a draft lawsuit and an out-of-court dismissal letter to your employer.

If you do not have employment law legal protection insurance There is the possibility of a mandate with self-payment. In labor law, the Cost issue The principle: Each party bears its own costs in first instance proceedings, even if it wins.  

Also the possibility legal aid Applying for legal aid is provided for in labor law. If you are unsure whether you are eligible to apply for legal aid, we would be happy to advise you on this matter.

You might also be interested in:

On claims for damages after termination of a logistics contract

The Düsseldorf Regional Court emphasizes that for claims for damages following an ineffective termination, concrete facts regarding the lost income are required.

Dismissal protection suit: entitlement to legal aid?

In a dismissal protection case, costs are incurred by each party in the first instance, because…

Dismissal protection lawsuit – defend yourself against your dismissal!

Have you just received a termination notice? Then you're shocked and...

Der Beitrag Schutz von Arbeitnehmenden am Arbeitsplatz erschien zuerst auf R&U.

Don't be discouraged right now! Many dismissed employees have general legal protection against dismissal. This is Dismissal Protection Act (KSchG) regulated and applies to employees whose employment relationship has lasted longer than six months and who are not employed in small businessesTermination of the employment relationship is only possible under certain conditions. If these conditions are not met, the Termination may be ineffective. Laws are complex and not immediately understandable for everyone, so you should always inform us about your termination have it checked!

What you need to take care of after your termination

1. Keep calm! Now is not the time for rash action. 
2. You should register within 3 days at the employment agency register as unemployed. Otherwise, they face a waiting period.
3. Get professional support and let us advise you! Our initial consultation is free and non-binding. We will check whether your cancellation is valid.
4. We advise against signing a termination agreement. This would result in a barring period at the employment office. Therefore, you should never sign a termination agreement without professional advice.
5. It should also be noted that the Deadline for a wrongful dismissal claim 3 weeks from receipt of notice of termination You should therefore immediately contact us after you have received notice of termination so that we can discuss all the details with you and on time can file a wrongful termination suit on your behalf. 
6. It's best to submit applications before the notice period expires. The employer must release the terminated employee for interviews.

We at Rogert & Ulbrich know what to consider!

Are you unsure whether your employer has complied with the statutory notice periods or whether your termination without notice contains an important reason? We offer you a professional and free initial consultation. You send us all necessary documents (Employment contract, possible amendments, termination, payroll) and we will prepare for you within 24 hours a draft lawsuit and an out-of-court dismissal letter to your employer.

You might also be interested in:

On claims for damages after termination of a logistics contract

The Düsseldorf Regional Court emphasizes that for claims for damages following an ineffective termination, concrete facts regarding the lost income are required.

Protection of Employees at Work

In practice, despite many years of service and a high level of commitment on the part of the employee,…

Dismissal protection suit: entitlement to legal aid?

In a dismissal protection case, costs are incurred by each party in the first instance, because…

Der Beitrag Checkliste für Arbeitnehmende bei einer Kündigung erschien zuerst auf R&U.

Through legal aid, the state covers the costs incurred by the court and the client’s own lawyer. Only your own costs will be coveredThis is intended to give people with limited financial means the chance to have a procedure. The costs are then billed directly to the state treasury. For the person affected, the costs are either waived in full or are (proportionately) repaid in installments.

Even if you apply for legal aid, you still have the right to choose your own lawyer. The court will then assign the desired lawyer to you upon request. We will of course submit this application as part of the submission of the unfair dismissal claim for you.

Requirements for Granting Legal Aid

Legal aid is usually granted in accordance with Section 114 of the Code of Civil Procedure. It is important to note that due to one's personal and financial circumstances, one may not be able to raise the necessary financial means for the process at all, only partially, or only in installments (financial needHowever, the lawsuit must not be completely hopeless and there must be no legal expenses insurance that would cover the costs.

Rogert & Ulbrich recommendation for legal aid

Are you unsure whether you can apply for legal aid? Then let us advise you free of charge and without obligation. Take advantage of our free initial telephone consultation now and ask our specialized lawyers your questions.

You might also be interested in:

Protection of Employees at Work

In practice, despite many years of service and a high level of commitment on the part of the employee,…

Notice periods – what should be taken into account?

The notice periods in labor law are laid down in §§ 622 ff. BGB. There…

Checklist for employees in the event of termination

The termination of an employment relationship is initially a heavy blow. We usually spend more…

Der Beitrag Kündigungsschutzklage: Anspruch auf Prozesskostenhilfe? erschien zuerst auf R&U.

But what are the notice periods for the employer? Depending on the length of service, the notice period for the employer can be extended (§ 622 para. 2 BGB)If, for example, the employee has been working for the company for two years, his notice period is one month to the end of the calendar month. If he has been working there for five years, his notice period is two months to the end of the month.

• at 8 years, the notice period is 3 months to the end of the month
• at 10 years, the notice period is 4 months to the end of the month
• at 12 years, the notice period is 5 months to the end of the month
• at 15 years, the notice period is 6 months to the end of the month
• at 20 years, the notice period is 7 months to the end of the month

This legal regulation is intended to protect employees, especially those who have been working for the same company for a long time.

A notice period may also be agreed in the employment contract. It should be noted that a shorter notice period is only possible under certain circumstances (§ 622 para. 5 BGB). Employees must have been hired as temporary workers, and the working period must not exceed 3 months. It is also important that no longer notice period may be agreed for the termination of the employment relationship by the employee than for the termination by the employer (Section 622 Paragraph 6 of the German Civil Code). If, for example, a notice period of 3 months is agreed in the employment contract, this period must apply to both parties.

Deviation: When is termination without notice possible?

A deviation from § 622 BGB is § 626 BGB. This is where termination without notice for good cause is regulated. The notice periods of § 622 BGB do not apply in the context of termination without notice. However, a "important reason". It is questionable meanwhile, which is an important reason for an extraordinary (immediate) termination. It must be unreasonable for the person terminating the contract to comply with the regular notice periods. This requires a serious violation which cannot be justified. As a rule, the employer must nonetheless check beforehand whether a milder measure, such as a warning, comes into consideration.

The following reasons would justify termination without notice:

• data protection violation
• Sexual harassment/coercion
• working time fraud
• theft
• vacation without permission
• Unexcused absence
• Forgery of vaccination/recovery certificate
• threat of violence
• insult
• bullying

We at Rogert & Ulbrich know what to consider!

Are you unsure whether your employer has observed the statutory notice periods or whether your termination without notice contains an important reason? Then let us advise you free of charge and without obligationWe will prepare for you within 24 hours a draft lawsuit and an out-of-court dismissal letter to your employer. Take advantage of our free initial telephone consultation now and ask our specialized lawyers your questions.

Der Beitrag Kündigungsfristen – Was ist zu beachten? erschien zuerst auf R&U.