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saves sharing a severance taxes on labor Dresden

allocation of severance pay in installments over several calendar years to the saving of taxes allowed - Employment Dresden

The parties to the employment contract are entitled to the maturity of any settlement must be such that the tax inflow falls into several calendar years (BFH, Judgement of 11.11.2009, Az IX R 1 / 09).


Facts - Labour Dresden:

The employee was a severance payment of € 75,000.00 for the loss of a job. After social plan was due to termination of employment announced on 14.11.2000. Employers and employees agreed payment of the allowance of € 24,000.00 in 2000 and pay € 51,000.00 in January 2001. Thus, in procedural matters.

right reasons-Employment Dresden:

According to § 11 para 1 Income Tax Act be considered income when they are accrued. This is merely due to a claim or not. The Parties shall make the compensation payment so that tax benefits are the result.

My Employment Law Tip Dresden:

"severance payments should also be stipulated in terms of tax benefits," the actual case, Ulrich Horrion, Dresden.

Dresden lawyer Ulrich Horrion

to my website you get here:

http://www.arbeitsrecht-dresden.rechtsanwalt-horrion.de

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Illegal termination provision § 622 II 2 BGB - Labor Dresden

termination provision § 622 II 2 BGB is contrary to European law - Labour Dresden

legal principle - Labour Dresden:

The termination provision § 622 II 2 BGB, after which the calculation of periods for determining the notice period the times before the age of 25 Age are not counted, constitutes an illegal age discrimination (ECJ ruling of 19.01.2010 - C 555/077).

Facts - Labour Dresden:

applicant is an employee. He received notice of one month's notice. His period of service before age 25 Year of life was not counted. Triggers the notice period would be 4 months. That court Dusseldorf has submitted the question of the legality of § 622 II 2 BGB the ECJ for a preliminary ruling.


legal reasons - Labour Dresden:

The ECJ has the provision § 622 II 2 BGB inadmissible. Will be made to provisions for the termination of employment contracts, which tie in old age. In the EU Directive 2000/78, the age discrimination is regulated. The difference in treatment is not justified by employment policy or labor market. Every German court is obliged to disapply this standard now.

my right tip - Labor Dresden:

"Look for the calculation of notice periods as both employers and employees as always ensure that employment under the 25th Age of the employee are to be considered, "said lawyer Horrion from Dresden.

On my website you can find here:

http://www.arbeitsrecht-dresden.rechtsanwalt-horrion.de