The term labor law includes all legal bases regulating the relationship between employer and employee. For both the employer and the employee, the regulations governing the employment relationship are of immense economic and social importance. The vast majority of gainfully employed persons in our society work as employees in the service of an employer. The reconciliation of the different interests of employers and employees is therefore the subject of labor law.
Our experienced team at JUR | URBAN advises and supports employees and employers as well as start ups in their employment law matters.
HOW DO INDIVIDUAL AND COLLECTIVE LABOR LAW DIFFER?
The term individual labor law refers to that part of labor 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 labor law can be found especially in:
Collective labor 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 the law on collective agreements and works constitution. The legal sources of the collective labor law can be found especially in:
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 labor court within three weeks of receipt of the notice of termination.
Offer manpower: Continue to actively offer your employee 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 labor court or hire your trusted lawyer to represent your legal interests.
The current COVID-19 pandemic is forcing many companies to order short-time work. The temporary reduction of working hours helps to secure jobs. In order to protect the company from the economic consequences of the tense economic situation, companies can apply for short-time work benefits from the Federal Employment Agency under certain conditions.
Who pays the short-time work allowance?
The short-time work allowance is a compensation payment that is applied for at the Federal Employment Agency and paid by it.
Do I have to pay back the short-time work allowance?
No. The short-time work allowance is a state support benefit and as such does not have to be paid back by either the employer or the employee.
How much is the short-time work allowance?
Employees receive 60 percent of the net salary lost during short-time work. Employees who have at least one child receive 67 percent of the lost net salary.
Can I take up a second job during short-time work?
From May 1, 2020, until December 31, 2021, affected employees are allowed to take up secondary employment up to the amount of their original income. In this case, they will not be credited against the short-time working allowance.