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EU Regulations (Commercial Agents Directive 1986) my contract is a fxed term ending on a srecific date. Regarding fixed term contracts in German Law, am I entitled to 6 months notice of the contract terminating, my lenghth of service is over six years. Or does the termination date in the fixed term contract have no notice reqirements from the principle to myself. Regards ***** *****
My contract was a fixed term contract to end on my 65th birthday, the principal gave me three months notice to the end the contract on the 31st December 2012.
I do beleive that with my service of eighteen years that the regulations say over six years it is six months notice.
Could you just confirm, that when a fixed term contract has an end date,which is my 65th birthday October 25th 2012. The principal in his letter states, the contract terminates without notice not later than the end of the callender year in which the sales agent reaches the age of 65.When the principle sent September 11th 2012 ends the contract on the 31st December 2012. Should I have received six months notice from my birthday date or from the letter date.
Is employment law the same as the Commercial Agents Directive 2008 which is applied accross all Europian Countries in the EU.
Thanks for your help.
Sorry to trouble you, having read your reply more fully does the wordingyes but asthe termination is automatical this has nothing to do with 6 months notice. Does this mean that I should have had 6 months notice of the end of contract.
Your answer is Iam not entitled to any notice from the principle.
Thanks for all your help.
Could you please clarrify the question of Indemnity payment under German Law.
On the 26th March 2009 Case Reference C-348/07 the EUROPEAN COURT OF JUSTICE issued a judgement which had significant effect on German Law and the German Courts decision relating to Indemnity and what Commercial Agents are entitled to.
The EUROPEAN COURT OF JUSTICE has now establishedthat German Law had previously been inconsistant with the Directive 86/653/EEC Article 17(2)(a) the rights to commission which the Commercial Agent loses.
An appropriate amendment to section 89b of the German Commercial Code has been adopted and the amendment is expected to come into force in August 2009
All Comercial agents previously disadvantaged by the code can now rely on the judgement.
Taking into account the above could you advise how many months commission I am entitled to.
Is it 12months commission average over the last 5 years.
What do you mean second thread.
Can I confirm that this is an extra question but related to the same contract.
IF NOT HOW DO I ASK THE EXTRA QUESTION
will the question now be answered
Has the new question been accepted when will it be answered.