Lawyer for employment law

Lawyer for labour law - your rights in the employment relationship

Conflicts in the employment relationship are among the most stressful legal disputes in everyday life. Whether Termination, dispute over a severance pay, problems with the Labour contract or an unacceptable Cancellation agreement - The law firm Reichelt in Dresden is at your disposal as an experienced Lawyer for employment law nationwide.

Martin Reichelt represents both employees and employers in all matters of individual and collective labour law. Our aim is to work out the best possible solution for you - whether through negotiation, mediation or consistent judicial enforcement of your claims.

Our services in labour law

Labour law covers a broad spectrum of regulations that shape the relationship between employer and employee. Reichelt offers you comprehensive advice and representation in all key areas.

Dismissal and protection against dismissal

Being made redundant is a drastic experience for most employees. However, not every dismissal is lawful. German labour law offers employees extensive protection - provided you know your rights and act in good time.

We check your cancellation comprehensively for formal and substantive errors:

• Ordinary cancellation: Was the notice period observed? Is there a socially justified reason for dismissal (personal reasons, behavioural reasons, operational reasons)?
• Extraordinary cancellation: Is there good cause in accordance with § 626 BGB? Was the two-week period observed? Was a warning notice necessary?
• Formal effectiveness: Has the written form been observed? Was the notice of termination duly received? Was the works council consulted correctly?
• Special protection against dismissal: Pregnant women, severely disabled persons, works council members and employees on parental leave enjoy special protection against dismissal.

Dismissal protection action - deadlines and procedure

If you wish to take legal action against a cancellation, you must do so within three weeks after receipt of the notice of termination, file an action for protection against dismissal with the competent labour court. This deadline is mandatory - if it is missed, the dismissal is deemed to be effective, even if it was not.

The typical process of an action for unfair dismissal:

• Submit a statement of claim: We prepare the statement of claim and submit it to the labour court within the deadline.
• Conciliation hearing: The conciliation hearing takes place around two to four weeks after the claim is filed. Here, the court attempts to reach an amicable solution - often in the form of a settlement payment.
• Chamber appointment: If no agreement is reached, this is followed by the chamber hearing with the taking of evidence and judgement. This usually takes place a few months after the conciliation hearing.
• Comparison or judgement: The vast majority of dismissal protection claims end in a settlement. A good settlement secures you an appropriate severance payment and a favourable reference.

Important: Contact us as soon as possible after receiving the cancellation. The three-week period runs from the day of receipt, not from the day on which you read the cancellation.

Negotiate severance pay

In most cases, there is no legal entitlement to a severance payment. Nevertheless, severance pay is very often paid in practice - especially in the context of dismissal protection proceedings. The amount of the severance payment depends on various factors:

• Length of service
• Gross monthly salary
• Age of the employee and opportunities on the labour market
• Prospects of success of the action for unfair dismissal
• Financial situation of the employer
• Special protection against dismissal (severe disability, pregnancy, works council activity)

The rule of thumb is: half to one full month's gross salary per year of employment. In the event of a strong negotiating position or unlawful dismissal, significantly higher severance payments can be achieved. As your lawyer for labour law, we will negotiate the best possible severance payment for you.

Check and draft employment contract

The employment contract is the basis of your employment relationship. However, many employment contracts contain clauses that are disadvantageous or even invalid for the employee. We check your employment contract for these:

• Ineffective fixed-term clauses
• Overtime regulations and lump-sum compensation for overtime
• Non-compete clauses and post-contractual competition clauses
• Exclusion periods and expiry clauses
• Transfer clauses and reservations of change
• Non-disclosure agreements and their scope
• Probationary period and notice period regulations

We also offer employers the drafting of legally compliant employment contracts that meet current legal requirements and treat both sides fairly.

Cancellation agreement - opportunities and risks

A cancellation agreement terminates the employment relationship by mutual agreement. However, what looks like a good solution at first glance can have considerable disadvantages - especially when it comes to unemployment benefit. As a rule, the employment agency imposes a suspension period of up to 12 weeks if the employee has contributed to the termination through the cancellation agreement itself.

Before you sign a cancellation agreement, you should definitely have it checked by a lawyer. We can advise you on this:

• Adequacy of the severance payment offered
• Avoiding or minimising the blocking period for unemployment benefit
• Formulation of the termination clause and the reason for termination
• Regulations on remaining leave, leave of absence and references
• Non-compete and non-disclosure clauses
• Tax optimisation of the severance payment

certificate of employment

Every employee is entitled to a qualified reference upon termination of employment. The reference must be formulated favourably and must not contain any hidden negative formulations. In practice, however, the language used in references is often ambiguous and difficult for laypersons to understand.

We check your reference for hidden negative assessments, missing positive standard formulations and proper structure. In the event of deficiencies, we will demand a correction or enforce this in court.

Warning letter

A warning is often the harbinger of a behavioural dismissal. However, not every warning is justified. We check whether the content of the warning is correct, whether the reprimanded behaviour actually constitutes a breach of duty and whether the warning is formally correct. In the case of unjustified warnings, we demand that they be removed from the personnel file.

Typical situations in labour law

Labour law conflicts arise in many forms. Here are some typical situations in which we can act for you as a labour law attorney:

Dismissal for operational reasons and social selection

In the event of dismissal for operational reasons, the employer must carry out a correct social selection. This takes into account length of service, age, maintenance obligations and a possible severe disability. Errors in the social selection render the dismissal invalid - a frequent point of attack in dismissal protection proceedings.

Wage and salary entitlements

Unpaid overtime, missing salary payments or disputes about special payments such as Christmas bonuses and bonuses - as your lawyer for labour law, we will consistently enforce your remuneration claims. It is particularly important that you observe the preclusive periods in your employment contract or the applicable collective labour agreement, which are often only a few months.

Bullying and discrimination in the workplace

Bullying and discrimination in the workplace are not only stressful, but can also give rise to legal claims. The General Equal Treatment Act (AGG) protects employees from discrimination based on gender, age, origin, religion, disability or sexual identity. We advise you on your rights and enforce claims for damages and compensation.

Parental leave and maternity protection

Employees on parental leave and pregnant employees enjoy special protection against dismissal. We can advise you on your rights during parental leave, when returning to work and in the event of conflicts with your employer in connection with maternity and parental leave.

Costs in labour law

The costs for a lawyer in labour law are based on the German Lawyers' Fees Act (RVG). Some special features of labour law must be taken into account:

Special feature: reimbursement of costs in the first instance

There is an important peculiarity in labour law: in the first instance before the labour court, each party bears their own legal costs - regardless of the outcome of the proceedings. This means that the employer does not have to reimburse your legal fees even if you win the case. This rule makes it particularly important to weigh up the costs beforehand.

Legal expenses insurance in labour law

Labour law insurance usually covers the costs of legal fees and court costs. We obtain confirmation of cover from your insurance company and invoice you directly. Please note: Many labour law insurance policies have a waiting period of three months after the contract is concluded.

Legal aid

If you do not have legal expenses insurance and cannot afford the costs of a lawyer, you have the option of applying for legal aid (PKH). We will support you with the application and check whether the requirements for PKH authorisation are met in your case.

Frequently asked questions about labour law

How long do I have to take legal action against a cancellation?

The deadline for taking legal action is three weeks from receipt of the notice of termination. If this deadline is missed, the cancellation is deemed to be effective - even if it was unlawful. You should therefore contact us as soon as possible after receiving a cancellation so that we can meet the deadline.

Am I entitled to a severance payment?

In most cases, there is no automatic statutory entitlement to severance pay. In practice, however, severance payments are very often negotiated as part of dismissal protection proceedings or cancellation agreements. The amount depends on the negotiating position, the length of service and the chances of success of the claim.

Can my employer simply transfer me?

The employer's right to issue instructions permits a transfer under certain conditions. The limits are set by the employment contract, any works agreements and the right to issue instructions in accordance with Section 106 GewO. A transfer must be based on reasonable judgement. If you consider a transfer to be unreasonable, you should have it checked by a lawyer before you act.

What to do in the event of a warning?

You should take a warning seriously, as it is often a precursor to dismissal. Have the warning checked by a lawyer. If it is unjustified, you can write a counterstatement or request that it be removed from your personnel file. Whether it makes sense to take legal action for removal depends on the individual case - we will advise you individually.

Do I have to sign a cancellation agreement?

No, you are never obliged to sign a cancellation agreement. Do not allow yourself to be pressurised - even if your employer threatens to dismiss you. A cancellation agreement can be advantageous for you if the conditions are right. But always have it checked by a lawyer before you sign it. In particular, the effects on your unemployment benefit should be taken into account.

Can I be dismissed during the probationary period?

Yes, during the probationary period, the employment relationship can be terminated with a shortened notice period of two weeks. The general protection against dismissal under the Dismissal Protection Act only applies after six months of employment. Nevertheless, there are limits even during the probationary period: The dismissal must not be immoral, discriminatory or in breach of trust.

What does a lawyer for labour law cost?

The costs are based on the RVG and the amount in dispute. In the case of an action for unfair dismissal, the amount in dispute is usually three months' gross salary. The lawyer's fees are then between 1,000 and 3,000 euros, depending on the salary. With labour law insurance, the costs are usually covered in full.

Do I get a suspension period for unemployment benefit after a cancellation?

In the event of dismissal by the employer for operational reasons, there is generally no risk of a blocking period. However, the employment agency can impose a blocking period of up to 12 weeks in the event of dismissal for behavioural reasons or a termination agreement. We can advise you on how to avoid or minimise a blocking period - for example by cleverly formulating the termination agreement.

Current developments in labour law

Labour law is subject to constant change due to new laws and current case law. As a lawyer specialising in labour law, we keep a close eye on these developments and always advise you on the latest developments.

Home office and mobile working

Working from home has become a permanent fixture in many companies. This raises numerous legal questions: Are employees entitled to work from home? Who bears the costs of equipping the home office? How are working hours recorded when working from home? And what regulations apply in the event of an accident while working from home? We advise both employees and employers on all questions relating to mobile working and the drafting of corresponding agreements.

Recording working time after the BAG judgement

The Federal Labour Court has ruled that employers are obliged to systematically record the working hours of their employees. This obligation arises from the Labour Protection Act in conjunction with the European Working Time Directive. For employees, this means better protection against unpaid overtime. For employers, there is a need to introduce suitable time recording systems. We can advise you on the legal requirements and practical implementation options.

Fixed-term employment contracts

Fixed-term employment contracts are widespread in practice. However, the Part-Time and Fixed-Term Employment Act (TzBfG) places strict limits on fixed-term contracts. Fixed-term contracts without a material reason are only permitted up to a total duration of two years and may only be extended a maximum of three times within this period. A fixed term with a material reason (e.g. deputising, project work) is not subject to a fixed time limit, but must meet the legal requirements. We will check the validity of your fixed-term employment contract and advise you on your options for having it terminated.

Company integration management (BEM)

If an employee is unable to work for more than six weeks within a year, the employer must carry out a company integration management programme (BEM). The purpose of BEM is to overcome the incapacity for work and maintain the job. If the employer fails to carry out the BEM, this can invalidate a dismissal due to illness. We advise you on your rights in the BEM procedure and defend you against dismissals due to illness.

Whistleblowing and whistleblower protection

The Whistleblower Protection Act (HinSchG) protects employees who report offences in their company. Employers may not penalise whistleblowers - for example by dismissing, warning or transferring them. If you experience reprisals as a whistleblower, you are entitled to compensation and injunctive relief. As your lawyer for labour law, we consistently enforce your protection under the HinSchG.

Arrange a consultation now

Have you been dismissed, would you like to negotiate a severance payment or do you need advice on labour law? Lawyer Martin Reichelt is available to you nationwide as an experienced lawyer for labour law.

Arrange a consultation now

Or call us directly: 0351 / 404 365 56

Reichelt law firm - Granitzer Weg 10, 01109 Dresden