Specialist lawyer for employment law

Specialist Lawyer for Labour Law — Your Rights in Employment

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 — operating from Dresden, I am available to you as an experienced Specialist lawyer for employment law nationwide.

I am Martin Reichelt, a specialist solicitor in employment law, and I represent both employees and employers in all matters concerning individual and collective employment law. My aim is to work out the best possible solution for you — whether through negotiation, mediation or the resolute judicial enforcement of your claims.

My services in employment law

Employment law covers a broad spectrum of regulations that shape the relationship between employer and employee. I offer 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.

I am comprehensively checking your notice 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: I am preparing the statement of claim and will submit it to the employment tribunal in good time.
• 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 me as soon as possible after receiving the notice of termination. The three-week deadline runs from the day of delivery, not from the day you read the notice.

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)

As a rule of thumb: Half to one full gross monthly salary per year of employment. With a strong negotiating position or unlawful dismissal, significantly higher severance payments can be achieved. As your specialist solicitor for employment law, I will negotiate the best possible severance package for you.

Check and draft employment contract

The employment contract is the foundation of your employment relationship. However, many employment contracts contain clauses that are disadvantageous or even invalid for the employee. I will review your employment contract for:

• 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

I also offer employers the drafting of legally secure employment contracts that comply with current case law and treat both parties 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 signing a termination agreement, you should definitely have it checked by a lawyer. I advise you on:

• 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.

I am checking your employment reference for hidden negative evaluations, missing positive standard formulations and proper structure. In the event of defects, I will demand a correction or enforce it through the courts.

Warning letter

A formal warning is often the precursor to a dismissal based on conduct. However, not every warning is justified. I 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, I demand their removal from the personnel file.

Typical situations in labour law

Employment disputes take many forms. Here are some typical situations in which I act for you as a specialist solicitor in employment law:

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, withheld salary payments or disputes over extra payments such as Christmas bonuses and bonuses — as your specialist solicitor for employment law, I consistently enforce your claims for remuneration. Particularly important: pay attention to the limitation periods in your employment contract or the applicable collective agreement, which are often only a few months.

Bullying and discrimination in the workplace

Bullying and discrimination in the workplace are not only distressing, but can also give rise to legal claims. The General Equal Treatment Act (AGG) protects employees against discrimination based on gender, age, origin, religion, disability or sexual identity. I 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 dismissal protection. I advise you on your rights during parental leave, when returning to the workplace and in the event of conflicts with the employer in connection with maternity leave 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

Employment legal protection insurance generally covers the costs of solicitor's fees and court costs. I will obtain the letter of cover from your insurance company and bill them directly. Please note: many employment legal protection insurance policies have a three-month waiting period after the contract is concluded.

Legal aid

If you do not have legal protection insurance and cannot afford the costs of a lawyer, there is the possibility of applying for legal aid. I will assist you with the application and check whether the conditions for the approval of legal aid are met in your case.

Frequently asked questions about labour law

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

The time limit for filing a claim is three weeks from receipt of the dismissal. If this deadline is missed, the dismissal is deemed valid — even if it was unlawful. Therefore, please contact me as soon as possible after receiving a dismissal so that I 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 written warning seriously, as it is often a preliminary step towards dismissal. Have the warning reviewed by a lawyer. If it is unjustified, you can draft a counter-statement or demand its removal from your personnel file. Whether a lawsuit for removal is advisable depends on the individual case — I can advise you on this personally.

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.

How much does a specialist lawyer for employment 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?

When facing a redundancy-related dismissal by the employer, there is generally no suspension period threatened. However, in the case of a dismissal for reasons relating to conduct or a settlement agreement, the Federal Employment Agency can impose a suspension period of up to 12 weeks. I advise you on how you can avoid or minimise a suspension period — for instance, through the clever phrasing of the settlement agreement.

Current developments in labour law

Employment law is subject to constant changes through new legislation and current case law. As a specialist solicitor in employment law, I monitor these developments closely and always advise you based on the most up-to-date legal position.

Home office and mobile working

Working from home has become permanently established in many companies. This gives rise to numerous legal questions: Do employees have a right to home working? Who bears the costs for equipping the home workstation? How is working time recorded when working from home? And what regulations apply in the event of an accident at work in the home office? I advise both employees and employers on all issues 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 record their employees' working hours systematically. This obligation arises from the Occupational Health and Safety Act in conjunction with the European Working Time Directive. For employees, this means better protection against unpaid overtime. For employers, there is a need for action regarding the introduction of suitable time-recording systems. I 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) sets strict limits on fixed-term arrangements. A fixed-term contract without objective justification is only permissible up to a total duration of two years and may be extended a maximum of three times within this period. A fixed-term contract with objective justification (e.g. cover, project work) is not subject to a fixed time limit, but must comply with statutory requirements. I will review your fixed-term employment contract for validity and advise you on your options for enforcing permanent employment.

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 corporate reintegration management (BEM) procedure. The BEM serves to overcome the incapacity to work and to secure the job. If the employer fails to carry out the BEM, this can render a dismissal due to illness invalid. I 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 violations within their company. Employers must not disadvantage whistleblowers — for example, through dismissal, formal warnings or transfer. If you experience reprisals as a whistleblower, you are entitled to claims for damages and injunctive relief. As your specialist solicitor for employment law, I will consistently enforce your protection under the HinSchG.

Arrange a consultation now

Have you received a notice of dismissal, want to negotiate a severance payment or need advice on employment law? As an experienced specialist lawyer for employment law, I am available to assist you nationwide.

Arrange a consultation now

Or call me directly: 0351/40436556

Reichelt law firm - Granitzer Weg 10, 01109 Dresden