We advise and represent companies (employers), board members and managing directors as well as employees and works councils on all questions of individual and collective labour law. Thus, we have experience from different perspectives, which we can use tactically and strategically.
We conduct negotiations for you, represent you out of court or in court. Especially in the field of labour law, negotiating skills and negotiating security are essential. Due to our two main areas of expertise, law and business mediation, we can provide you with comprehensive support and solve disputes in a cooperative and creative manner.
You might also ask yourself one of the following questions …
If you as an employee want to take action against a dismissal, it is not sufficient to object to the dismissal with your employer; instead, a lawsuit must be filed.
It is essential to observe the three-week period for taking legal action in accordance with § 4 KSchG, which also applies if the Dismissal Protection Act is not otherwise applicable.
The period begins with receipt of the letter of termination by you.
If you do not assert the invalidity in due time, the termination shall be deemed legally effective from the beginning, § 7 KSchG.
If the employment relationship is terminated, this does not generally result in a claim for severance pay, but such a claim can be agreed in individual cases.
In any case, however, there is a claim to the issue of a job reference and to the handing over of the employment papers.
Apart from this, it is possible that you can claim special protection against dismissal, especially if you are in vocational training, in military or alternative service or on parental leave. Special protection against dismissal also applies to works council members, pregnant women and severely disabled persons.
First of all, it is necessary that the will to terminate the employment relationship is clearly identifiable. A justification, however, is generally not required.
According to § 623 BGB, the termination must be made in writing, whereby electronic form is excluded. It is therefore not sufficient to give notice of termination by e-mail or fax; a handwritten signature is required. If the written form is not observed, the notice of termination is void, § 125 BGB.
A period of notice is determined by law, collective agreement or employment contract. If no more specific rules apply, a statutory period of notice of four weeks results according to § 622 BGB. In principle, notice of termination can be given on the fifteenth day of a month or at the end of a month.
First of all, it is necessary that the will to terminate the employment relationship is clearly identifiable.
According to § 623 BGB, the termination must be made in writing, whereby electronic form is excluded. It is therefore not sufficient to give notice of termination by e-mail or fax. If the written form is not observed, the notice of termination is null and void, § 125 BGB.
A period of notice results from law, collective agreement or employment contract. If no more specific rules apply, a statutory period of notice of four weeks results in accordance with § 622 BGB. In principle, notice of termination can be given on the fifteenth day of a month or at the end of a month. The longer the employment relationship exists in the company, the longer the period of notice for the employer according to § 622, Subsection 2, BGB. If the employment relationship has existed for 10 years, for example, the period of notice is four months to the end of a calendar month.
In the case of an extraordinary termination without notice, this period does not exist, but there must be an important reason. Whether there is good cause is checked in two steps. First, the facts of the case must in themselves be suitable to constitute good cause, which is the case, for example, in the case of insults to the employer or persistent refusal to work. Furthermore, a comprehensive weighing of interests is carried out in each individual case.
An extraordinary termination without notice must be declared two weeks after the reason has become known. In addition, a prior warning is usually required.
In the case of a suspected termination, in contrast to a termination by action, the employee must be heard before the termination is declared.
A hearing of the works council is also required, if there is a works council. The lack of a hearing leads to the invalidity of the termination.
If the employment relationship falls within the scope of application of the Dismissal Protection Act, a dismissal can only take place for three reasons; for reasons in the person of the employee, in the employee’s conduct, and the dismissal for operational reasons.
An employment relationship falls within the scope of application of the Protection Against Dismissal Act if the employee has been employed in the same business for more than six months and more than 10 employees are employed there within the meaning of § 23 KSchG.
Behaviour-related dismissal is given if the employee is dismissed due to a violation of obligations arising from the employment relationship. In contrast to the dismissal for personal reasons, he can then be accused of having behaved differently.
Before a dismissal for conduct is pronounced, a warning notice is usually required.
Employees undergoing vocational training, military or alternative service or on parental leave, as well as works council members, are subject to special protection against dismissal.
However, pregnant women are also subject to this protection under § 9 MuSchG during pregnancy, but also four months after delivery.
In addition, there is a general prohibition of employment six weeks before delivery and eight weeks beyond.
During pregnancy, employment is not permitted at night, i.e. from 8 p.m. to 6 a.m., or on Sundays and public holidays.
A pregnant woman does not have to work overtime either.
It is also worth noting that there is no general duty of notification to the employer, but this may arise in individual cases from a duty of loyalty. However, it should be noted that the Maternity Protection Act only applies from the information day onwards.
Severely disabled persons also enjoy special protection against dismissal.
In addition, severely disabled persons have the right to additional leave, as well as the right to refuse to work overtime, which also includes overtime.
These rights also apply to people who are equal to severely disabled persons pursuant to § 2, Subsection 3, SGB IX.
In this sense, people with a degree of disability of between 30 and 50 are considered to be equal in this respect, provided that further requirements are met.
The General Equal Treatment Act may also give rise to rights and claims for damages and compensation for the employee.
The AGG prohibits discrimination on the grounds of gender, ethnic origin, race, religion or belief, as well as disability, age or sexual identity.
… then we will be happy to help you.
Advice on the preparation of employment contracts
Control of employment contracts and other labour law agreements
Protection of interests and representation in the context of dismissals, in particular protection against dismissal
Protection of interests and representation in case of breaches of contract
Advice and representation of interests in cases of bullying and bossing as well as discrimination
Conflict prevention and consulting within companies and other organisations