We provide you with legal support in and out of court throughout Germany in matters of labor law and have been enforcing your rights for many years with sound judgment and perseverance, even in the face of considerable resistance. In doing so, we always keep in mind that labor law relationships are continuing obligations and that the parties involved, i.e., employees and employers, will sometimes work together for years. But we are also the right people to contact if you have questions about the liability of managing directors, co-determination rights as a works council/staff council, or occupational health and safety.
Termination
Termination is a very contentious issue in individual labor law. For example, termination must be in writing and properly delivered. Statutory deadlines must be observed, as well as any contractual or collective agreement deviations from these.
Furthermore, special protection against dismissal may apply to certain groups of people, such as pregnant women, severely disabled persons, or works council members. The Unfair Dismissal Protection Act also regulates social selection in the case of redundancies for operational reasons.
In the case of an action for unfair dismissal, it is essential to observe the deadline for filing a lawsuit, which is also regulated in the Unfair Dismissal Protection Act.
Employment and business contracts
Ein Arbeitsvertrag regelt die Arbeitszeit, die Vergütung, den Urlaubsanspruch und weitere Rechte und Pflichten des Arbeitnehmers und des Arbeitgebers.
The German Employment Evidence Act (NachwG) requires employers to provide employees with the terms and conditions of their employment contract no later than one month after the start of the employment relationship.
In business contracts, the contracting parties, the subject matter of the contract, the remuneration, the term of the contract, and the termination rules should be precisely defined.
A service contract obliges the contractor to perform a specific service without guaranteeing a result, while a contract for work and services aims at the production of a specific work.
Hiring and transfers
When hiring, the General Equal Treatment Act (AGG) must be observed. Applicants may not be discriminated against on the basis of age, gender, origin, or religion, for example.
Transfers must be carried out in accordance with collective bargaining agreements, works agreements, and individual employment contract clauses.
Unfair dismissal proceedings
Unfair dismissal proceedings often revolve around the question of whether the dismissal issued by the employer is legally permissible or not. The following procedure is usually followed:
- Filing of a lawsuit: The employee files an unfair dismissal lawsuit with the competent labor court within three weeks of receiving the notice of dismissal.
- Review of the admissibility of the action: The court reviews whether the action was filed in a timely manner and in the proper form.
- Conciliation hearing: First, an attempt is made to reach an amicable agreement in a conciliation procedure.
- Chamber hearing: If the parties to the dispute cannot reach an agreement, the legality of the dismissal is reviewed in main proceedings.
- Taking of evidence: If some circumstances are disputed, evidence is taken, which may include questioning witnesses and submitting documents.
- Judgment of the labor court: The court decides on the validity of the dismissal or whether there is a right to continued employment.
- Appeal proceedings: If the legal requirements for this are met, both parties can then lodge an appeal.
Termination agreement
A termination agreement is a mutually agreed alternative to dismissal, but there are a number of legal considerations to bear in mind. We draft and review your termination agreements to ensure that your rights are protected as far as possible. The focus here is on financial aspects such as severance pay, or social security consequences such as avoiding waiting periods for unemployment benefits.
Wages and salaries
Wages and salaries are a central component of individual labor law. We are happy to assist you in disputes over outstanding salary payments and variable remuneration components, such as special payments, bonuses, and Christmas bonuses. We are happy to advise you and represent you in court, always taking into account the existing employment relationship.
Warning letter
Warning letters are an important tool in individual labor law for documenting misconduct and, if necessary, preparing for termination. As an employee, you can defend yourself against an unjustified warning letter and demand that it be removed from your personnel file. We are happy to assist you with the legal assessment and enforcement of your claims.
Severance pay
Severance pay often plays a major role in the termination of employment relationships. We ensure that you receive appropriate severance pay, regardless of whether it is a termination or a termination agreement. In doing so, we take tax aspects and legal enforceability into account.
Vacation entitlement
Vacation entitlement is an important issue in labor law. Support is particularly necessary in cases of illness, parental leave, or termination of employment. We clarify open questions efficiently and in a legally compliant manner.
Working hours law / occupational safety law
Working hours law regulates breaks, rest periods, and permissible working hours. There are recording obligations and high fines for non-compliance with the ArbZG (Working Hours Act). We protect you from violations by advising you on individual and company regulations.
The Occupational Safety and Health Act aims to promote a healthy working environment in a preventive and sustainable manner and to ensure the long-term well-being of employees. Violations of this law are subject to severe penalties.
Preparation of labor law opinions
Labor law opinions can be prepared for various reasons, e.g.:
- Terminations: Reviewing whether a regular or extraordinary termination was lawful.
- Employment contracts: Review of contract clauses
- Working hours and remuneration: Legal assessment of overtime regulations
- Discrimination issues: Review for violations of the General Equal Treatment Act.
- Compliance issues: Support in developing labor law guidelines.
References
A job reference must be truthful and favorable. The reference must not unjustifiably hinder the employee’s career prospects. Often, significant criticism of the employee is concealed by the employer’s secret codes. If in doubt, have us review your job reference.
Damages in employment relationships
In some cases, both employers and employees can claim damages arising from an employment relationship. In disputes, we examine the legal basis and assert your interests. Possible scenarios include breaches of duty by the employee or claims based on unjustified dismissal by the employer.
With our many years of experience, we are happy to help you successfully enforce your claims. We give labor law its due.
