Our comprehensive service – Employment law for employers
We support you in avoiding disputes beforehand. If there are still disputes, we help you reach an out-of-court settlement. And all of this at predictable prices starting at 49,90 Euro* per month.
- From application to termination - always safe through labor law
- Consultation by our experienced lawyers by phone and email
- Current templates, checklists, and instructions
- Transparent and predictable costs
- Out-of-court representation in the Labor Law Pro package
Support for all areas of the company:
- Managing directors and executives
- Executive assistants
- HR managers, officers, and specialists
- Works council and employee council members
Labor Law Package Light
- Wide selection of templates, checklists, and guides.
- Documents always up to date with current legal standards.
- Expert advice on labor law documents.
- Individual consultation on labor law questions.
- Initial consultation with a lawyer regarding your individual questions.
Labour Law Package Pro
- All benefits from Labor Law package Light
- Out-of-court representation in labor law disputes.
- Written and telephone communication with the opposing party/lawyer.
- Out-of-court settlement and termination negotiations.
- Representation in dealings with the works council.
FAQ
What is labor law?
Labor law regulates the relationship between the employer and the employee. It regulates dependent, employed work and is therefore not relevant, for example, for self-employed persons.In Germany, a variety of laws are affected. In addition to the Basic Law, which anchors the freedom of occupation as a fundamental right, there are also regulations in the Civil Code (BGB), Working Hours Act, Minimum Wage Act, Federal Vacation Act, and more.
What does individual labor law mean?
In contrast to collective labor law, individual labor law regulates the relationship between the employer and the employee. Collective labor law deals with the relationship between trade unions and works councils, for example.
What are the dispute values that can arise?
The dispute values differ depending on the occasion:
- For terminations that are negotiated in court, the dispute value is three times the respective monthly gross salary of the employee.
- For warnings from employees that are negotiated in court, it is one monthly gross salary.
- For references that are legally disputed, the dispute value is one monthly gross salary.
Why do I, as an employer, need to draw up an employment contract?
You need an employment contract if you establish an employment relationship with an employee. This requirement arises from the so-called Proof of Employment Act. If there is a dispute with your employee about the content of an oral agreement, you - not the employee - must fully prove your assertions, i.e., the specific agreement on, for example, a certain number of vacation days, remuneration, etc. If you cannot prove that, you will remain in default of proof, and the employee can win the case in court and thus enforce their claims against you.
What must employers consider in termination letters?
Form: Although an employment contract can be concluded verbally, termination generally requires written form. It must, therefore, be in writing.Notice: The employer must ensure that the termination reaches the employee in due time. The notice period only begins to run upon receipt. If the letter is sent by mail, the shipping time must be taken into account.
Timing: The letter should also contain the time when the employment relationship will end. Sometimes, calculating notice periods is not quite simple. Therefore, it is recommended to add a sentence in addition to the exact time that you are alternatively terminating as soon as possible.
Reason: If an employment relationship is terminated regularly, this decision does not have to be justified.
When is a termination agreement worthwhile?
A termination agreement with an employee is worthwhile if you want to separate from them quickly and easily. You can avoid the risk of a judicial procedure over the effective termination of the employment relationship and thus have lower costs.
Can't I just write the employment reference myself?
There is a complicated "reference language." If you use it incorrectly, you can get into legal problems, as can be the case if you do not apply it. If the employee is not satisfied with the reference, they can file a lawsuit for correction of the reference, which leads to additional effort, time, and costs.
When can employees found a works council?
A works council can be established if at least five permanent employees work in a company.