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 that they can bring back to the company afterwards. Moreover, experiencing the work culture in another part of the world can be a huge advantage in global business. However, important legal responsibilities arise when determining which employee can be posted abroad. Concerns arise regarding the duration of the posting, the matter of remuneration and the conditions for returning. Consulting with legal professionals in advance of finalising the posting should be strongly considered to protect the company and the employee.
As a full-service law firm, our lawyers can provide all the assistance needing relating to the immigration law – visas, work permits etc. – and employment contract aspects of such a move. Additionally, we can protect employees from tax traps and problems with social security. By engaging with our services, both the company and the employee will be set up for the posting in foreign countries.
Employment Law Support for Employees
As an employee involved in a legal dispute with your employer, it is in your interest to receive the best advice that you can. Your employer will be in a stronger position upon taking the case; however, having a certified specialist in employment law on your side will rebalance the matter. At Schlun & Elseven Rechtsanwälte, our certified specialists in employment law, Dr Thomas Bichat and Jens Schmidt, have worked with clients worldwide in their dealings with German employment law. As experts, they advise and support clients in all matters of German employment law. With offices and conference rooms around the major cities of Germany, our team is ready to advise you in your legal dispute.
Employment Contract, Annual Leave and Wage law
The employment contract is the cornerstone of the relationship between the employee and the employer. This document will outline matters such as the job description, the pay rate, the start of the employment relationship, the working hours, holiday periods, the place of work, parental leave, notice periods and other matters such as non-competition and confidentiality clauses. Careful examination of the employment contract is necessary. In practice, the use of inexpertly drafted (model) contracts can often be a common cause of disputes between employees and employers. Employment contracts are regulated by several German laws, with provisions relating to annual leave, maternity protection and notice periods. If you believe that your employer has breached your employment contract, or that there are provisions within the agreement that need to be contested, it is advisable to get professional legal counsel.
Notice Periods
Whether you are an employee or an employer in Germany, it is vital to know the law regarding notice periods. Notice periods are vital for allowing both employees and employers to plan for the future. The requirement for a notice period is dependent on the nature of the dismissal, and the period of time involved in the notice period is based on a variety of factors, primarily the length of time a person has worked with a firm. Usually, notice periods are outlined in the employment contract between the contractual parties. If the contract does not outline the timeframes, the notice periods are then legislated for by statutory requirements under § 622 German Civil Code.
Severance Pay
Employees in Germany do not have a statutory legal claim to severance pay in Germany upon termination of their employment relationship. However, there are exceptions where employees can claim payment of such a severance payment. Corresponding compensation regulations that justify such claims can be found in social compensation plans, collective bargaining agreements, management contracts and even in employment contracts. In addition, the parties to an employment contract may voluntarily enter into a contractual agreement on a severance payment upon termination of the employment relationship under a termination or settlement agreement.
Practice Group: German Employment Law
Practice Group:
German Employment Law
Contact our Employment Law team
Please use the contact form to inform us about your concerns in the field of German employment law. After receiving your request, our employment lawyers will make a short preliminary assessment based on the information provided and will provide you with a quotation. You are then free to decide whether you want to instruct us.