"Due to a new administration instruction as part of the implementation of chapter 11 (2) Employment Ordinance, the application must be rejected. Therefore buffet restaurants with a general Asian flavor are not specialty restaurants. "
In addition, the Federal Agency then refers to specific circumstances that would exist in the affected Chinese restaurant. As a result, the approvals for Chinese restaurants are rejected, offering a buffet concept with the following features: Mongolian Barbecue, All-you-can-eat, Teppanyaki, Sushi, preparation of raw ingredients that are cooked on a hot plate and should not require any knowledge of Chinese cuisine, offering Japanese, Indonesian or Thai cuisine.
In one of Sangong law firm cases’, a client running a large Chinese buffet restaurant was denied from hiring a specialty chef because he offered dumplings and the department of the Federal Employment Agency obviously had no idea that it is a thousand-year-old traditional Chinese food.
Sangong law firm has internal documents and a statement of the Federal Employment Agency, which makes it seem doubtful that a new administration instruction to interpret chapter 11 paragraph 2 actually exists.
Even if such a new administration instruction even exists, Sangong law firm believes that it violates the law. In that regard, it is assumed that the "old" administration instruction is still effective.
Recently, the Administration Court of Freiburg followed Sangong law firm’s opinion in its decision from the first of October 2018 4171/18 and conducted.
"The characteristic as a buffet restaurant, that offers food and drink, (" all you can eat and drink ") can match with the qualification as a specialty restaurant by law. The court also explains:
Other criteria for a qualification as a specialty restaurant are… the product palette, which must correspond to the respective national kitchen and has to consist at least with 90%of country-specific specialties. "
Sangong law firm is currently receiving numerous phone calls from worry restaurant owners across Germany, who have been affected by rejections by the Federal Employment Agency and worry about their existence. If you have any questions and in need of support, contact our law firm. In this case we will assist you with our knowledge and experiences and enforce your rights.
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