by RA, Bankkaufmann Rüdiger Wilhem Lohkamp and RA, Bankkaufmann Johannes Fiala – Kanzlei Fiala, Freiesleben & Weber – RA, PA, StB & WP (Munich), www.fiala.de Examination of the plausibility: Mediation obligation also with the customer at the Front: The Federal Court of Justice has clarified, among other things, in its judgement of 13.01.2000, NJW-RR 1993, […]
Artikel zum Thema: Social security
Security of supply for self-employed workers the dominant objective
Consultants, lawyers and representatives met for the first roundtable discussion in Munich and discussed the current pension situation of self-employed employees and family members working in owner-managed companies. Press release from 27.07.06 From Munich at the table sat the pension advisor Mirko Dost; attorney Johannes Fiala, lawyer and examined financial and investment advisor; Richard Schaurich […]
Deferred compensation with insurance solutions: Employers have double wage costs due to company pension scheme?
The case: Employee loses approx. 90% of his company pension scheme: Anna M. (name changed) had asked her employer to invest part of her salary in a company pension scheme for her (deferred compensation). After € 6,230 had been transferred by the employer to a “company pension scheme” over three years, the employment relationship ended. […]
Liability trap company pension (guest article Dr. Johannes Fiala)
I briefly presented the current ruling of the Munich Regional Labor Court on losses on company pensions (4 Sa 1152/06, appeal admitted) here last week. If it were to be upheld on appeal, I think the financial consequences would be almost impossible to foresee. Today writes in addition in a guest contribution attorney Dr. Johannes […]
Employers in the pension obligation
Since 1 January 2002, all employees subject to pension insurance have the right to deferred compensation within the framework of a company pension scheme (bAV). Practically every employer must therefore deal with this issue in his own interest and in the interest of his employees and look for ways of implementing it in the best […]
End of the gold rush?
31.05.2007 A ruling by the Munich Regional Labor Court has shocked the industry. Do we have to say goodbye to zillmerisation in occupational pension schemes for good? In Cemetery I of the Jerusalems- und Neue Kirchengemeinde in Berlin Kreuzberg there is a memorial stone in the form of a gravestone, on which is written: “In […]
Experts estimate: over 1.5 million dependents wrongly insured at work
Wife works in the company – in case of emergency no unemployment benefit and no pension The legal system is becoming more and more complicated every year, also in social security. The area of wage tax and social security is probably as complex today as the taxation of the GmbH. Experts wonder whether the complexity […]
Company pension scheme: pension commitment
Company pension scheme: In the case of design errors, it can come to a social case Management consultancies for a company pension scheme advertise a pension commitment check according to the following model, for example: “We would be happy to take over the professional examination of pension commitments for you. In doing so, we also […]
Company pension scheme: pension commitment
Company pension scheme: Design errors can lead to a social case Management consultancies for a company pension scheme advertise a pension commitment check along the following lines, for example: “We would be happy to undertake the professional examination of pension commitments for you. In doing so, we additionally ensure that common deficiencies that occur in […]
Market shakeout is foreseeable
VM No. 12/06 took a close look at what is happening in 2007 in the market for occupational pensions in general and with individual insurers in particular. The continuation will look at the case law in this area and say where there are still weaknesses and where the opportunities lie. Employers face a lawsuit for […]