German employment law is often denominated as the legal provisions regarding so-called 'dependent workers', in other words, employees whose health insurance and pensions are paid for by their employer. This fact in itself emphasizes the hierarchy that, in turn, produces a considerable number of conflicts and questions on a daily basis.
Legal conflicts in relation to the workplace are not only nasty but might often put your financial existence at stake. It is about no less than dismissals, discrimination (it may already occur when you are applying for a position) or the violation of an employee's fundamental rights. On the other hand, an employer may see her company's existence at risk merely because one worker's conduct damages the favourable reputation created over the last few years.
When it is about employment and its regulations, I will be at your side concerning any conflict between employers and employees. This includes support across Germany and beyond, with a special focus on cross-border cooperation. Among others, I will provide legal counselling in the following matters:
- Assessment of dismissals (fair and unfair dismissals, challenging unfair dismissals in court)
- Compensation agreements
- Protection against discrimination at work
- Drafting of employment contracts and redundancy settlements
- Assessment of contract terms
- Working hours and pay control (German minimum wage as of 1 January 2015)
The area of international employment and its regulations, mainly determined by the European Union, is becoming more and more crucial for companies and individuals. I support foreign employees working iŕn Germany as well as employers requiring information on German law at the workplace. This includes assistance in and out of court, in English and/or German if needed.
Similarly, I will provide employment contracts in accordance with German law, both in English and in German language. It goes without saying that you can expect the highest standards including additional legal counselling on all aspects of German labour law. There is a lot to consider as an employer in Germany, and I will be happy to provide comprehensive advice.
What costs to expect
In contrast to other court actions relation to private law (they have to be paid for by the party defeated), it is a rule in German employment law that, at the district court, you have to pay your costs yourself if you want to raise an action. This means you might have to manage a financial loss even if you 'win'.
It may be different if you hold legal insurance that covers employment actions. In case the insurance company agrees to cover financially the action you would like to raise, they will pay for your lawyer. What is more, if you are on a low income scale, you might be eligible for legal aid covering the employment action. I will provide advice on what is the best way for you to get your right asserted without going broke. This comprises getting in touch with your legal insurance company or, in case you claim legal aid, helping you with the necessary paperwork.
Please note: If you reach an in-court settlement with your employer at district court level, the court will not charge anything, meaning you will only have to pay for your lawyer. Moreover, if you decide to appeal against a judgment you consider unfair and the appeal court decides in your favour, the opponent will then have to pay for any costs that have been caused.
If you require an employment contract to be drafted, we will usually agree on a lump sum or an hourly rate concerning the hours needed to get the document done. It goes without saying that I will keep you informed regarding the various stages of drafting and processing your case.
I will be happy to answer any further questions when it comes to legal costs regarding employment in Germany.