There are a number of laws in german labor law that strengthen the rights of workers. Many laws, such as the General Equal Treatment Act, the Protection against Unfair dismissal and Works Constitution Act contain special regulations for the area of equal treatment, dismissal or around the topic of works council.
Lawyer labor law in Frankfurt
For you, professional success, job satisfaction and, above all, financial security are decisive for a carefree life. Where in the past the professional career often took place in one company, changing employers is now the rule instead of the exception. The labor market is changing every day, often at the expense of secure jobs and fixed-term contracts are the order of the day.
A dismissal should be checked by a labor lawyer.
A mostly unexpected dismissal turns everything upside down for employees, because the future is now uncertain. However, many dismissed employees forget something very important in this already difficult situation: they do not have to accept the dismissal immediately, because there are numerous ways of legally defending themselves against them. It is not uncommon for us at the Pagels law firm to find that more than half of the terminations given are actually legally ineffective.
As soon as possible to the lawyer
If you have decided to defend yourself against the dismissal, you now have to file a suit against the dismissal protection at the responsible labor court within three weeks after receiving the dismissal . Do not delay the appointment with a lawyer or specialist lawyer for labor law after the termination.
For a termination to be legally effective, it must meet certain requirements. For example, termination must be submitted to you in writing – verbal termination is void. In addition, the consultation of the works council (if there is one) or frequently the consultation of the integration office for severely disabled people is essential for effective termination. As soon as the formal requirements have been properly complied with by the employer, the question of whether it is justified arises.
You can find detailed information on the effectiveness of your termination and the correct behavior when receiving a termination in our article on termination .
Types of termination and reasons:
In order for you as an employee to find out whether your dismissal is legally correct, you must know the difference between ordinary and extraordinary dismissal or have it classified by specialist lawyers for labor law. Ordinary termination in due time is the termination of an employment relationship at the end of a period. Labor lawyers divide the reasons for termination into three different groups:
- Personal termination : This type of termination exists if the reasons lie with the employee himself. However, these must be available for a longer period of time, such as alcohol addiction, punishment, illness or a lack of a work permit.
- Behavioral dismissal : An employer issues a behavioral dismissal due to employee misconduct. Accordingly, this termination is directly connected with a rule violation. In contrast to a personal termination, the employer can accuse the employee of having behaved differently. Reasons for a behavioral termination could include, for example, unauthorized part-time work, violations of contractual duties or unpunctuality.
- If the termination is in connection with alcohol abuse, the classification as a personal or behavioral termination depends on whether the dismissed employee is an alcoholic. Because alcoholism is a disease from a medical point of view, in this case only personal termination is possible. Otherwise there is a behavioral termination.
- Operational termination : This form of termination can be due to reasons such as a decline in sales, restructuring of the company, lack of raw materials or similar. underlie.
Ordinary termination and termination without notice:
- Ordinary termination : Ordinary termination, also known as timely termination, means that the employment relationship is terminated at the end of a period. The respective length of this period results from the employment contract, the law or the collective agreement.
- Termination without notice : Termination without notice, also called extraordinary termination, may only be given for an important reason. The notice of termination is given here without observing a notice period and therefore often almost immediately.
Protection against dismissal for employees
If the Employment Protection Act applies to the employment relationship, then our labor law regulates that workers are protected against socially unjustified dismissals or dismissal. The applicability of the Employment Protection Act depends on the number of employees and in your case can be assessed by lawyers for employment law. As a rule, an employee who has been employed by his employer for more than six months and is also a company, which usually has more than 10 employees, relies on protection against unjustified dismissal under the Employment Protection Act.
Special legal protection against dismissal for certain groups of people
The Maternity Protection Act offers mothers protection against unjustified dismissals during and after pregnancy. However, severely disabled people, trainees, works council members and mothers / fathers on parental leave are also given special protection against dismissal. We at Pagels Labor Law Frankfurt will be happy to check whether your termination has a legal reason and is legal. Just contact us by phone or mail!
What needs to be considered in the termination agreement?
The termination contract is the opposite of an employment contract: a contractual agreement between the employee and the employer that ends an employment relationship at an agreed time. Unlike termination, which is a unilateral declaration, a termination agreement is only effective if the employer and employee agree.
Don’t sign right away!
If such a contract is signed, the employment relationship is usually finally terminated. For you as an employee, however, this means that you lose a strong legal position and often receive financial compensation in the form of a severance payment or a longer leave from work with continued payment of the remuneration. Another disadvantage of a termination agreement is the associated risk of a blocking period according to §159 I No. 1 SGB III for receiving unemployment benefits.
For this reason, the advice of an experienced specialist lawyer is essential in order to weigh up the advantages and disadvantages for the individual situation before signing and to avoid the employment office imposing a blocking period.
What can Pagels Labor Law Frankfurt do for you?
If your employer offers to conclude a cancellation contract, we will first thoroughly review the draft contract and check the legality of the termination. Then we explain all the advantages and disadvantages, also with regard to an unemployment benefit claim, we advise you on the legal effects of a termination agreement. Last but not least, you will receive expert advice on alternative approaches.
If you have already signed a contract, we will check the effectiveness and contestation options in the event that you would like to withdraw from the cancellation contract afterwards. We also support you in the (extra) judicial assertion of claims from the contract.
For more tips on how to avoid mistakes, see our cancellation contract article.
If you, as an employee, are given notice of termination by your employer, you will initially be shocked – understandably. And if the termination is then initiated without a reason, all understanding and trust towards the employer or the managing director will be lost. In these situations, it is only normal that you now ask yourself whether and above all how this termination can be reversed quickly – and why were you dismissed, why not other employees? So many questions and no answers in sight. Termination of the existing employment relationship is a very personal and at the same time emotional matter, especially for those who have built up an intimate relationship with colleagues and the company over the years.
Am I entitled to severance pay?
The question of whether you are entitled to severance pay in the event of termination should be clarified by employment lawyers in a personal consultation. With the exception of section 1a of the Protection against Unfair Termination Act (KSchG), the law does not automatically entitle the employee to severance pay, which is why a complaint that is only associated with a request for payment is inadmissible.
How can I get a severance payment?
For this reason, one way of receiving a severance payment is through a dismissal protection lawsuit. In the event that it is determined by the labor lawyers as part of the protection against dismissal process that the dismissal is ineffective and the employer and employee nevertheless agree on the termination of the employment contract, in most cases employers will pay a severance payment. The amount of the severance payment depends on the one hand on the personal legal situation and on the other hand on the negotiating skills of the commissioned law firm. There is also the option for employees to agree to severance pay with the employer as part of a termination agreement – here too, the Pagels law firm will advise you comprehensively about your options and the “whether” of a possible severance payment.
Read the article Severance pay on this topic .
Do not take warnings lightly – these can be used to prepare for termination
As a rule, an employee receives a warning if the employer detects a lack of performance or behavior. By issuing a warningthe management of a company would like to clarify the misconduct and in particular the consequences under labor law. In some cases it even happens that a warning is directly related to a behavioral termination. It would therefore be fatal to underestimate warnings or even ignore them. Have you received a warning? Here you should seek legal advice from labor lawyers or a lawyer specializing in labor law. It is then often determined after a precise legal review that this warning is not lawful at all. The reasons for this can be formal on the one hand, and also content-related. If we find that your warning is ineffective, you have the right as an employee to defend yourself against the unauthorized warning.
Lawyer or counter notification by your lawyer?
Each warning is accompanied by an individual problem, so that we cannot say in general whether it can be attacked and how far. We therefore advise the law firmPagel’s labor law in some cases formulates a counter-notification, whereas in other cases a lawsuit makes sense to secure the job. Please contact us immediately after receiving a warning. This is the only way we can check them early and develop an individual strategy.
You can find more detailed information in the article Warning .
Certificate of Employment
When making personnel decisions, a meaningful job reference is a very important criterion. This is where executives can read out the applicant’s motivation, success and ability to work in a team. Personnel who read a certificate carefully can quickly find out whether the applicant fits the company and can meet the respective requirements. It is all the more important for employees what content in the job referenceare present and above all how the grading is expressed. Unfortunately, some employers do not grade employees according to the work they have done and therefore provide an unqualified certificate. At the expense of employees, many companies nowadays also use automated certificate generators, which mostly use incorrect synonyms. This often results in worse grades than actually intended. But there are also employers who deliberately write bad certificates. As an employee, you should not and need not simply accept this.
When is a certificate only satisfactory, good or very good? Is your certificate legally effective? Is it possible to have a certificate corrected? What do certificate codes look like? We are at your side to answer these many questions about job references. The Pagels law firm is also happy to be your trusted contact when it comes to reviewing and correcting certificates or enforcing a truthful note.
Important notes and tips for a witness you can in the article Arbeitszeugnis read.
Fees for employment lawyer
The Pagels law firm will always inform you in advance of the anticipated legal costs that may arise in your specific case. As a rule, we invoice according to the statutory fees provided for by the Lawyers‘ Fees Act (German: RechtsanwaltsVergütungsGesetz = RVG). If a different remuneration is necessary in your case, you will of course also be informed in advance about the expected costs in this case.
Call us now without obligation
Step 1: Your first call (not charged):
During our first phone call, which takes about 5 to 15 minutes, we’ll ask you for some basic informations regarding your contract and personal cirumstances.
We can try to assess whether it makes sense to consult a lawyer in the event of your legal problem, but please be aware that a well-founded assessment of your legal and economic prospects of success can usually only be made in the context of a detailed up to 60 minutes initial consultation.
Step 2: Initial consultation
Arrage an appointment for your initial consultation, in which we can take your individual aspects and circumstances into account. We would be happy to arrange a timely appointment with you.
For the initial consultation we charge between 160 EUR and 226,10 EUR. We will inform you during our first phone call, which rate applies for you. During this initial consultation we will estimate the upcoming lawyer fees.
Step 3: Let us win!
Instruct us to take over your case and to enforce your rights in the best possible way.
Phone: 069 – 2980 1997
Costs for extrajudicial and judicial representation
In this case, we usually bill according to the fees of the Lawyers‘ Fees Act (RVG), which are based on the amount in dispute. In the case of legal representation, the amount in dispute is determined by the court. Every lawyer must charge at least these RVG fees in accordance with the chamber regulations. This means that even an hourly rate agreement must not fall below these fees.
As part of the initial consultation, we will discuss the determination of the likely value in dispute and the corresponding anticipated legal fees with you.
Looking for a good lawyer in labor law in Frankfurt?
In labor law in particular, many laws in the area of protection against dismissal, such as the Protection against Unfair dismissal (KschG), require compliance with a deadline for the assertion of claims. Local decisions by the Frankfurt Labor Court, regional collective bargaining agreements or the usual severance arrangements for companies in and around Frankfurt are relevant factors that your lawyer must know in order to maximize your chances. So do not hesitate too long and quickly find a good lawyer specializing in labor law in Frankfurt, for example, after receiving a termination.
WIKI EMPLOYMENT LAW