The certified specialists in employment law at Schlun & Elseven Rechtsanwälte advise employees and employers on their rights and responsibilities under German law. From our offices in Aachen, Düsseldorf and Cologne as well as our conference rooms throughout Germany we advise clients from all industries.
Employment Law Advice for Companies & Management
As a managing director, employer or manager it is vital that you receive the best employment law advice. Such legal assistance is crucial in drafting employment contracts, creating anti-discrimination policies, designing employment termination agreements and understanding your own rights and obligations. Regardless of which industry you are in, having legal counsel of the highest order in your corner provides huge advantages. Unsuccessful employment cases can be damaging financially and reputationally. Having the right policies, procedures and legal support in place will also increase your employees’ motivation in the workplace.
Termination of Employment and Employment Termination Agreements
Terminating employment carries certain risks. It is within the employer’s right to terminate an employee’s employment contract with the company, but many legal aspects need to be considered. Firstly, the dismissal must be fair. Fairness refers to the reason for dismissal (ensuring that discrimination has not played a role in the dismissal) and how the dismissal is carried out. Secondly, the required notice periods need to be respected. Such notice periods can differ depending on how long the employee has been a part of the company. Thirdly, according to § 623 BGB, the termination intent should be provided in writing.
The above are the rules for ordinary termination. However, there are also grounds for extraordinary termination where notice periods do not apply. Extraordinary terminations are allowed under § 626 Paragraph 1 BGB. Extraordinary termination needs to have a reason given, as it is only given in exceptional cases, namely in serious misconduct, such as refusal to work and criminal offences. Employers should be wary in such cases, as extraordinary dismissal can leave them open to legal challenges. Consulting with a legal professional in advance provides peace of mind before making the decision to issue the dismissal.
Terminations can also be arranged by contract through employment termination agreements.
Posting Employees Abroad or to Germany from Abroad
For companies and the employee there are great benefits to be gained when posting employees abroad. Posting an employee abroad can benefit the company by allowing a diligent employee to assist a subsidiary in another jurisdiction. Such a move provides that employee with very useful experience