Can a university in EU refuse to grant me a degree after I completed studies? I have completed a 120 ECTS Master program in a research university in the Netherlands. However, to get a diploma, I need to make a separate application. I did not apply for the diploma in time before my enrollment ended. The university has a rule that I must be enrolled to apply for the diploma, which means I have to pay for at least one more month of enrollment to make the application. How legal is this rule? Is it regulated by EU law or Dutch law or is it an arbitrary rule of this university? What laws regulate issuing of diplomas/degree certificates in EU in general? Also, if I can't get a diploma, how can I at least get some verification of my earned ECTS-credits?
This question concerns Dutch law. Specifically, the Wet op het hoger onderwijs en wetenschappelijk onderzoek (&quot;WHW&quot;) is applicable, as well as further rules seth forth by the Board of your university. Pursuant to Article 7.10(2) WHW, a degree is completed once all study elements (individual exams) of the degree program are graded/completed, insofar the examencommissie (Examination Board) has not called for an additional investigation into the knowledge, understanding and skills of the candidate. Once a degree is completed, the University Board must grant the candidate the applicable degree pursuant to Article 7.10a WHW (e.g. by declaring that you are now a Master of Science). Pursuant to Article 7.11(2) WHW, the examencommissie (Examination Board) must grant a diploma after completion of all study elements of the degree and after the University Board has declared that all procedural requirements for grant have been met. From Dutch parliamentiary history (Kamerstukken II 2008/09, 31 821, nr. 3, p. 57-58 (MvT)) (which is an authorative legal source for explaining provisions in Dutch legislation), it is clear that with &quot;procedural requirements&quot;, the lawmaker referred to obligations such as the payment of tuition fees. The University Board is allowed to make such procedural rules. Therefore, the University Board must grant you a degree if you have completed all ECTS, however the Examination Board may not grant the diploma if it deems that procedural requirments (different per university) were not met. It would thus be advisable to find out (via the university website) what these procedural requirements are. If you request the University Board in writing (ex Article 4:1 and further Algemene wet bestuursrecht (&quot;Awb&quot;)) to grant you the degree pursuant to Article 7.10a WHW and to make the declaration pursuant to Article 7.11(2) WHW, the University Board is obliged to make a written formal decision on your request, generally within 8 weeks at the most (ex 4:13(2) Awb). You have the right to appeal this decision before an administrative body. Please note that amicable setlement with the university is in any case preferable. If that doesn't work however, I would advise you to contact a Dutch lawyer.
No It is not a fundamental human right to be able to become a resident of Denmark. Every country has the right to decide who is and who is not a resident and what criteria need to be satisfied. Having a residence is usually a pretty fundamental criterion for being a resident. At the same time, most countries have laws that state what areas and types of structures can be used as residences. There may be zoning requirements and building codes. You may argue that you should be able to decide what you will accept as your living quarters but that presumes, wrongly, that your decision doesn’t affect other people. As a simple counter example, emergency services might need to enter your “dwelling” and it must be, among other things, structurally sound enough for them to do so safely. So given that becoming a resident of Denmark is not a fundamental human right stated anywhere, Denmark can decide who is and is not. Of course, you can lie and say you have a residence when you don’t but lying to the government in order to obtain something you are not actually entitled to is likely to solve all your Danish residence problems; they’ll deport you.
Get a lawyer. That employer is skating on very, very thin ice. You can’t have a non-compete agreement in Germany at all without the employer paying reasonable compensation. What is reasonable is decided by courts, but half your last regular salary is not “reasonable”. Especially if this would endanger your status of being allowed to work in Germany. If you were a non-German EU citizen, any non-compete agreement would be immediately invalid because it violates the right of free movement; how nonEU citizens are affected, I don’t know. The rest of the agreement seems quite illegal to me. I would think that any good employment lawyer would love to take your case.
Given that they told me I would get back pay and I worked conditional on that information, am I entitled to it? You are entitled to backpay in accordance with the terms you accepted from HR. The employer's refusal to pay you from October 1st is in violation of Austria's Allgemeines bürgerliches Gesetzbuch at § 860a. At this point you have fully complied with the conditions on which your continued employment was contingent. From then on, the employer's belatedness in revoking its commitment to backdate your start date to October 1st is not cognizable: Prior to your full compliance with the conditions of academic nature, there was no possible way for you to be aware of the employer's repudiation of its obligations regarding the October-December compensation. The employer's failure to timely notify you of the unilateral change is especially notorious and hard to justify. Your employment &amp; relocation to Austria suggests that the employer had --and waived-- ample opportunity to inform you that any work you perform prior to addressing the contingent aspect will not be compensated. Even if the employer ventures with a dubious allegation of that sort, it is unlikely to survive § 1152.
This (as always) depends on jurisdiction, but usually - No, just taking the money is not legal.. In most jurisdictions, if you have a claim (the rent, in your case) against a debtor , and the debtor does not pay, you are not allowed to take any enforcement action (taking property, coercing the debtor) yourself. Instead, you must obtain a court or administrative judgement confirming your claim. Even then, often only a court officer or the police may actually enforce payment of the debt. This is mostly to protect the debtor from unwarranted enforcement action (such as taking more than you are owed, or collecting a disputed debt). For example, in Germany, to enforce a debt the creditor must first obtain what is called a Vollstreckungstitel or just Titel (title) - an official document confirming that there is an outstanding claim. This is on top of any contracts already existing. A Titel is obtained either through a regular court judgment, or through an abbreviated, administrative process called Mahnverfahren (essentially, you ask the court to send the debtor a letter about your claim, and if the debtor does not file an objection, you get the Titel). Once you have a Titel, the creditor can enforce it any time they choose (with a Titel, the statute of limiation is extended from the usual three years to 30 years). However, actual enforcement must be performed by an officer of the court (Gerichtsvollzieher). Only they may do things such as collecting the debtors property, force open doors and even imprison uncooperative debtors. I don't know the exact situation in the USA, but I believe it is roughly similar. For example, the equivalent of a Vollstreckungstitel is a Writ of execution.
Without commenting on the relatively strange situation itself, it is still useful to actually read what was actually said than what was described in a letter from a third person, even if the relayed information is technically true. The supposed basis for the claim of a zero salary is from an email allegedly sent by the department head (appendix 15): In short, you are not teaching in 2022/2023 and you have not submitted the required outline of your research or other engagement. I am very sorry that we cannot establish that you will be doing any work expected of a faculty member. Thus we cannot pay you. Starting with the Fall semester, your pay will be reduced to zero and you will be placed on unpaid personal leave. Essentially, the professor is being put on an unpaid leave because allegedly he is not doing any work. Consequently, minimum wage laws are not engaged even if the professor is not exempt as teachers since he is not being required to do any work. In the U.S., employers generally can do this (unless a work contract provides otherwise); in many circumstances, it is called being laid off (though the term has attracted a permanent connotation in parts of North America) or being suspended. An indefinite unpaid leave can be considered constructive dismissal if the employer does not reasonably allow the employee to return to work. It may not be constructive dismissal if the unpaid leave is prescribed by binding employer policies or because the employee refuses to work (and the employer allows the employment relationship to continue). Even if it is constructive dismissal, it is not automatically wrongful.
the company does have the right to "verify the eligibility of the person and terminate the service to the ineligible at any time" is pretty unambiguous. They have assessed your eligibility, determined you don't have one and have terminated the service. They are completely within their rights to do this. If you feel that they have assessed your eligibility wrongly then you can dispute their assessment - either through whatever dispute resolution is detailed in the contract or by going to court if the contract is silent. The fact that they previously assessed you as eligible (or didn't actually make an assessment) is irrelevant.
The provisions of the credit card account agreement will be governed by Delaware law, except to the extent to North Carolina public policy overrides it. The provisions of the online services agreement will be governed by New York law, except to the extent to North Carolina public policy overrides it. The electronic communications agreement will be governed by the law of the place with the most significant connection to any disputed issues arising under it. It could also be considered to be an extension of the online services agreement rather than a separate agreement. UDAP is an acronym referring the state deceptive trade practices acts. The unfair act involves non-receipt of paperless billing statements. Even with this level of detail, I don't believe it is possible to know in advance which of the agreements is implicated and which state's laws will be held to apply (or if the differences between the laws of the candidate states is even material on the issue in question). These issues are decided on a case by case basis when there is a mishmash of facts and the outcomes are not terribly predictable. It also isn't obvious that there is a provision covering the conduct in question in any of the three potentially relevant states. The Delaware Deceptive Trade Practices Act doesn't appear to clearly apply to financial services at all. New York's application to financial services is quite narrow and subject to an exception for conduct in conformity with federal law. A failure to provide an invoice, without more, isn't necessarily a deceptive trade practice at all. All in all, there isn't a straightforward or easy answer to this question that can be reached from the information provided.