LABOUR AND EMPLOYMENT LAW
Your experienced lawyer for labour and employment law in Berlin
On this page you will find useful advice on the legal situation in labour and employment law. We also offer expert legal advice if required!
You can rely on our many years of experience in labour and employment law. We emphasise personal contact and individual advice, and offer prompt appointments for your initial consultation. We advise and assist on employment law matters:
- Employees and employers
- Works councils
- Personnel departments
- HR managers
- Relocation services
- Recruitment agencies
- Managing directors
- Founders and startups
Your experts for employment law
Ahmet Caglayan
LAWYER
Katharina Dickes
LAWYER
How can we help you?
For a non-binding inquiry, please contact us by email at berlin@jur-law.de or use the contact form at the bottom of this page. For a personal appointment on site, please call:
+49 30-5557 82820
OUR SERVICES
IN LABOR AnD EMPLOYMENT LAW
Our experienced team at JUR | URBAN can provide you with the following employment law services in particular, but not exclusively:
- Review and drafting of employment contracts:
Drafting of individual employment contracts whilst considering the company’s interests, and review of existing employment contracts.
- Termination and dismissal protection lawsuit:
Advice to employers in the run-up to a termination; representation of employers and employees in the context of a legal dispute.
- Termination agreement:
Advice and drafting of termination agreements; representation of employers and employees.
- Severance pay:
Advice and representation of employers and employees in negotiations regarding severance payments, garden leave agreements, vacation claims, overtime and leave compensations.
- Warning:
Advice for employers in the lead up to a formal warning notice; representation of employers and employees in and out of court.
- Employment law for start ups, founders and works councils:
Consultancy and training. General Introduction to German Labour Law as well as updates on actual rulings of Labour Courts.
- Wage payment:
Defence and enforcement of claims for wage payment; representation of employers and employees.
About labour and employment law
The term “labour law” covers all the laws that regulate the relationship between employers and employees. For both employer and employee, the rules governing the employment relationship are of immense economic and social importance. The vast majority of economically active people in our society work as employees in the service of an employer. Reconciling the different interests of employers and employees is therefore the subject of labour law.
HOW DO INDIVIDUAL AND COLLECTIVE LABOUR LAW DIFFER?
The term individual labour law refers to that part of labour law which regulates the legal relationship between employers and the individual employee. It includes the creation, content, disruption and termination of individual employment relationships. The legal sources of individual labour law can be found especially in:
- Dismissal Protection Act (KSchG)
- Working Hours Act (ArbZG)
- Continued Remuneration Act (EntFG)
- Federal vacation law (BUrlG)
- Industrial safety law (ArbSchG)
- Maternity Protection (MuSchG)
Collective labour law, on the other hand, regulates the legal relations of unions and employers’ associations as well as employee representatives (works councils/staff councils) among themselves and with their respective members. This includes, in particular, collective bargaining and works constitution law. The legal sources of collective labour law can be found in particular in:
Advice from a specialised lawyer is essential in labour and employment law law
The complex legal landscape and the numerous contractual and procedural pitfalls in labour and employment law make advice from a specialised lawyer indispensable. We provide you with an overview and support you with our expertise.
- Keep calm: Avoid careless reactions! The employer will usually offer you a termination agreement. You should not sign this without checking it. There may be considerable disadvantages.
- Observe the deadline for legal action: Make a note of the date on which you received the written notice of termination. An action for protection against dismissal must generally be filed with the competent labour court within three weeks of receipt of the notice of termination.
- Offer your labour: Continue to actively offer your labour so that you do not lose the so-called default wage.
- React: If you consider the dismissal to be unjustified, prompt legal action against the dismissal is required. Submit a complaint against dismissal to the responsible labour court or hire your trusted solicitor to represent your legal interests.
In German civil litigation, each party typically covers their own attorney fees regardless of the case outcome, while court costs are generally paid by the losing party. This is outlined in the Court Costs Act (GKG) and the Civil Procedure Code (ZPO).
A notable exception is when parties reach a settlement. In such instances, court fees are reduced to encourage amicable resolutions, making the legal process more efficient.
As for court cost advances, plaintiffs are usually required to prepay estimated court costs at the beginning of the lawsuit. However, in the event of a settlement, this advance may not be fully demanded or may be refunded due to reduced court fees. This facilitates settlements by lessening financial burdens.