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As a lawyer specializing in employment law in Berlin, we advise employers and employees on employment law matters in a targeted and goal-oriented manner. If you are an employee, we will support you in employment law matters, for example in the event of dismissal, and examine your chances quickly and easily. As an entrepreneur, you benefit from our expertise as a lawyer for employment law in Berlin, for example through optimal contract drafting and court-proof agreements with your employees.
A basic distinction is made between "individual" employment law and "collective" employment law. Individual employment law deals with the legal relationship between employers and employees at the individual level. Typical examples of its application include issues of protection against dismissal or maternity protection. Collective employment law, on the other hand, deals with regulations that affect overarching bodies, such as works councils or parties to collective agreements.
Labor law takes into account the typically prevailing inequality in the negotiating position between employers and employees. Labor law generally assumes that employees are in a weaker position. Accordingly, labor law in Germany is designed to be employee-friendly. It is therefore very difficult for employers to effectively dismiss employees.
As the Lawyers' Fees Act applies in Germany, the fees for a lawyer in the field of employment law are generally based on the so-called amount in dispute. With our transparent cost model, we will find the most favorable solution for you.
If you are an employee, for example, we will support you in the event of a termination and check your chances free of charge and without obligation. If you are an entrepreneur, you will benefit from our expertise, for example through optimal contract drafting and court-proof agreements and declarations. Our experience as a lawyer in employment law on both sides is your decisive advantage in negotiations with the other side. Arrange a free and non-binding initial consultation by video call, telephone or email.
We will check your chances of success free of charge!
As your lawyer for employment law in Berlin, we are the right people to contact if you have received notice of termination. We will show you possible solutions, because a dismissal does not have to be a one-way street. It is important that you react quickly, adhere to deadlines and have a lawyer for employment law and the competent labor court in Berlin check whether the dismissal is effective at all. We are there for you in the greater Berlin area, we advise and represent you in employment law in a committed and goal-oriented manner.
A basic distinction is made between "individual" employment law and "collective" employment law. Individual employment law deals with the legal relationship between employers and employees at the individual level. Typical examples of its application include issues of protection against dismissal or maternity protection. Collective employment law, on the other hand, deals with regulations that affect overarching bodies, such as works councils or parties to collective agreements.
Labor law takes into account the typically prevailing inequality in the negotiating position between employers and employees. Labor law generally assumes that employees are in a weaker position. Accordingly, labor law in Germany is designed to be employee-friendly. It is therefore very difficult for employers to effectively dismiss employees.
As the Lawyers' Fees Act applies in Germany, the fees for a lawyer in the field of employment law are generally based on the so-called amount in dispute. With our transparent cost model, we will find the most favorable solution for you.
If you are an employee, for example, we will support you in the event of a termination and check your chances free of charge and without obligation. If you are an entrepreneur, you will benefit from our expertise, for example through optimal contract drafting and court-proof agreements and declarations. Our experience as a lawyer in employment law on both sides is your decisive advantage in negotiations with the other side. Arrange a free and non-binding initial consultation by video call, telephone or email.
As your lawyer for employment law in Berlin, we are the right people to contact if you have received notice of termination. We will show you possible solutions, because a dismissal does not have to be a one-way street. It is important that you react quickly, adhere to deadlines and have a lawyer for employment law and the competent labor court in Berlin check whether the dismissal is effective at all. We are there for you in the greater Berlin area, we advise and represent you in employment law in a committed and goal-oriented manner.
Disagreements at work with colleagues or the employer, warnings, rumors about company closures and cutbacks: To ensure that you are prepared for the worst-case scenario of a dismissal, we offer you detailed advice as a lawyer for employment law at our law firm in Berlin-Tempelhof, but also via telephone or video call. We will explain to you what options are open to you so that the employment relationship can be continued satisfactorily for both sides or you will be informed in advance about the solutions available to you in the event of termination. This knowledge of employment law will enable you to meet your employer at eye level in upcoming discussions. You know your rights and those of your employer and know exactly when you could object or even sue your employer.
A warning letter issued by your employer is a warning shot that you should take seriously. As a lawyer, we advise you to see the warning not only as a reprimand, but also as an opportunity to change your behavior. If, for example, unpunctuality was the reason for a warning, you should adhere exactly to the specified working hours in future. In most cases, the consequence "dismissal" is already threatened in the first warning. You can avoid this by changing your behavior.
However, a valid warning under employment law requires that the employer has fulfilled all formal requirements under employment law. The warning must be issued by the employer promptly after your misconduct and its reason should be stated with a date and a precise description. As an employee, you have the right to object to the employer's warning and even sue the employer. In court, the employer can be required to remove the warning from your personnel file if the accusations made there are not true.
Employers have various options for giving or threatening you with dismissal:
In principle, a transfer with threat of dismissal is a dismissal with notice of change. One possible reason for this is that the employer is giving up or outsourcing parts of its business. A transfer is intended to preserve the job. This offer is not always acceptable, for example if the new job does not match the qualifications, is located in a different plant or city or if the notice of dismissal is to be accompanied by a reduction in hours. In accordance with applicable employment law, you can defend yourself against this dismissal with notice of change and sue your employer. As a lawyer for employment law, we will advise you in detail on whether and how you can shape such a dismissal to your advantage.
Ordinary dismissal is the most common form of dismissal used by both employers and employees. It terminates an employment relationship in accordance with statutory or contractual regulations. The provisions of the German Civil Code (BGB) apply to ordinary termination. Unlike the employee, who does not have to state a reason in the notice of termination, the employer is obliged to state one in the written notice of termination. If there is a works council or staff council in the company, it must be consulted before the notice of termination is issued. If these formal requirements are not met or not fully met, you can sue your employer.
The employer needs a special reason for extraordinary termination. Another feature under employment law is that the statutory notice periods do not have to be observed in the case of extraordinary termination. If you have received an extraordinary dismissal, it is best to contact a lawyer from our law firm immediately, as it is particularly important to act quickly.
Employment law stipulates that ordinary dismissal can be given for operational, personal and behavioral reasons. A termination for operational reasons by the employer occurs, for example, if jobs are lost due to bankruptcy or downsizing or outsourcing of parts of the business that is necessary to maintain operations. You can have the actual existence of these reasons checked by a lawyer for employment law at our law firm in Berlin. Such a procedure is also important with regard to unemployment benefits. In the case of dismissal for personal reasons, the employer sees the reason for dismissal in the person of the employee. This may be the case, for example, if the employee is chronically overworked at the workplace or is constantly absent due to illness, which the company cannot reasonably be expected to accept. A lawyer from our law firm in Berlin will advise you on whether you should accept the dismissal, sue the employer or negotiate a settlement. Advice from a lawyer for employment law is particularly important if the dismissal is for conduct-related reasons. The employer has the right to do so if you have grossly violated the employment contract, for example by stealing, harassing or physically assaulting other employees. According to employment law, it is essential to check the facts of the case, as this could mean that your entitlement to unemployment benefit is forfeited or only begins to run after a blocking period. Extraordinary dismissals can be converted into ordinary dismissals after a review of the facts and/or settlement negotiations by a lawyer from our law firm in Berlin, but also through legal proceedings before the labor court. This has the advantage that, if the dismissal takes effect, you will have more time to look for a new job and no disadvantages are to be expected on the part of the Jobcenter.
At our law firm in Berlin-Tempelhof, we are always there for you if you have received notice of termination and would like to sue your employer. One of our primary tasks is to check whether the dismissal can be effective at all under employment law. Formal and content-related requirements must be met. If these are not complied with, the dismissal may be null and void.
Section 623 of the German Civil Code (BGB) states that notice of termination must be given in writing. If your employer has only given you verbal notice of termination or sent it to you by text message or email, the requirements of the German Civil Code and employment law are not met. The employer must ensure that you receive the notice of termination in good time - in accordance with the notice period and the date of termination. He can hand it to you personally, have it delivered by a messenger - against a receipt - or send it by registered mail.
Our tip:
Keep the envelope and bring it with you to the meeting with the lawyer so that, in case of doubt, the date of receipt can be proven.
If the notice of termination is not given in writing, it is invalid from the outset under labor law. The employment relationship continues as if there had been no notice of termination.
Furthermore, employment law stipulates that the notice of termination must be signed by hand by an authorized person. This does not necessarily have to be the boss; authorized representatives such as authorized signatories can also give notice. It is essential that you have the authorization checked by a lawyer from our law firm.
If there is a works council in the company, it should be consulted in accordance with Section 102 BetrVG. The proper consultation of the works council should be mentioned in the notice of termination. If this is not the case, our lawyer in Berlin will be happy to inquire for you.
The place and date of termination and your personal details should also be included in the notice of termination.
As a rule, the statutory notice period applies, as set out in Section 622 of the German Civil Code (BGB). It is staggered according to length of service and is between one month and seven months, in each case to the end of the month. However, employers and employees can agree longer notice periods in individual contracts. Shorter notice periods are not excluded, but are subject to special conditions. According to employment law, the employer must adhere to these individual contractual agreements when giving notice.
In addition to this general protection against dismissal, there are groups of people for whom special protection against dismissal applies. These include, among others
Contact our employment law firm in Berlin-Tempelhof if you would like to know more about the protection against dismissal that applies to you and would like advice from a lawyer - we can advise you nationwide.
In the case of redundancies for operational reasons, the social selection process set out in employment law comes into play. For employers, this means that they have to make a selection from among several employees if dismissal is necessary. Older employees have priority over younger ones, employees with children are better protected than those without children. We would be happy to advise you at our law firm in Berlin on how employment law can work in your favor here.
If several jobs are lost due to a company restructuring or liquidation, a social plan can or must be drawn up. Here, points are awarded for age and marital status as well as for length of service or severe disability. Such a social plan is usually linked to a severance payment, which is also based on the calculated scale. If a company does not adhere to this social plan, employees can sue their employer. Our law firm in Berlin will represent you before the labor court.
In order to avoid notice periods, employers sometimes offer severance payments that are linked to a termination agreement. As tempting as these offers may seem at first glance, they can be detrimental. This can result in periods of unemployment benefit suspension, tax disadvantages and a poorer transition to another job. Take advantage of the advice provided by a lawyer from our law firm, also as a preventative measure, but especially if the employer has already made the proposal to you. After receiving legal advice from our employment law firm, you can decide whether to accept the proposal or whether it makes more sense to sue the employer.
In connection with a termination agreement, but also as an offer in a notice of termination, the employer can offer a severance payment. If this offer is part of a notice of termination, it is often linked to the condition that the employer is not sued in the labor court. Anyone who does not yet have a new job, or will find it difficult to find a new job due to their profession or age, should only agree to this after detailed consultation with a lawyer. Possible consequences could be a suspension of unemployment benefit. You are welcome to have your individual case examined by a lawyer from our law firm in Berlin-Tempelhof.
If you have already found a new job or are about to become self-employed, a severance payment may be attractive. However, when negotiating severance pay, it is important that you base your decision on realistic values. Severance payments calculated as follows are enforceable after the labor court or before the labor court:
For each year of employment, 0.5 months' salary is paid out. So if you have been employed for 15 years, this would be 7.5 months' salary. Clauses relating to your personal situation, for example as a single parent, severely disabled person or chronically ill person, can also be included in such a severance agreement. As a lawyer for employment law, we will discuss your options and individual requirements with you. We will weigh up your chances of reaching an out-of-court settlement before we take your employer to court.
Under employment law, it is also possible for a severance payment to be determined as part of dismissal protection proceedings before the employment court. This is the case, for example, if the labor court finds that the dismissal is invalid, but you no longer wish to work for the company under the given circumstances and you can no longer be reasonably expected to do so under the interpretation of labor law.
Social security contributions, i.e. health insurance, pension and unemployment insurance, are not payable on a severance payment. However, it is taxable, and a different tax rate for the year in question could be the result - and disadvantageous. If you would like to know the conditions under which such a severance payment is deducted from your unemployment benefit and when you can take full advantage of it, please contact our employment law firm in Berlin-Tempelhof. We will be happy to advise you and check your individual requirements.
Termination agreements are all too often used by employers as a means of exerting pressure on employees. Sometimes they are combined with a dismissal with notice of change, sometimes they are intended to encourage the employee to leave the company voluntarily. In the case of older employees who could be subject to a long notice period, the termination agreement is sometimes intended to circumvent this notice period.
In the case of termination agreements, employment law stipulates that you may take time to think things over. Be sure to make use of this. Before you sign such a termination agreement, even if it corresponds to your own wishes, you should obtain comprehensive advice from a lawyer specializing in employment law. The lawyers at our law firm will be happy to take time for you and show you solutions that will work to your advantage.
Even if you understandably feel taken by surprise and put under pressure when your employer presents you with a termination agreement, you should act prudently. Once you have signed the termination agreement, there is no going back and no way of suing the company. Employment law also no longer provides for the possibility of taking action against the termination combined with the termination agreement. As a rule, employment law also does not provide for the revocation of the signing of the termination agreement.
Therefore: Contact Rotwang Law in Berlin now - we take on employment law cases nationwide. Free initial consultation with an employment lawyer included!
We will check your chances of success free of charge!
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