Labor law

The changing world of work places high demands on the flexibility of everyone involved. When and where work is done is becoming less and less important. Internationally networked teams work across national borders, with corporate or operational boundaries playing no role. Highly qualified employees expect not only challenging and autonomous work but also a good work-life balance.

To meet these labor law requirements, creative ideas are needed to foster a productive work environment, along with well-thought-out contractual solutions. The legal issues involved are as diverse as the unique characteristics of each individual company and the people who work there. In the field of labor law, we represent employers, employees, and works councils alike.

Resolving conflicts in labor law

The same principle applies in labor law: You can’t make an omelet without breaking eggs. In labor law, it’s not just employers, works councils, and employees who are on opposite sides—it’s, above all, people. Where people work together, conflicts arise. Resolving conflicts requires, above all, experience and tact. Sometimes it also requires a decisive and strategically well-thought-out escalation, both in and out of court.

We advise and represent you as an employer even in difficult separation processes and in deadlocked disputes with employees. We begin this process well before a termination is issued or a mutual termination agreement is offered. If you, as an employee, have received a notice of termination or a written warning, we will support you through the often difficult and protracted negotiations with your employer.

Employment law for senior executives

There are many special provisions that apply to managing directors, authorized signatories, and executives. Their prominent position entails rights and obligations that must be taken into account when drafting contracts. Some labor law provisions apply, while others do not. We are happy to advise you—both as a company and as a manager—from the time of hiring through the termination of the employment relationship.

Shaping organizations – using change

Business processes must be constantly adapted. Departments are merged or split, closed or established, sold or acquired. Such changes require careful planning and forward-looking project management. Legal considerations must not be overlooked in this process. We support your company starting in the conceptual phase and work with you to develop actionable strategies.

Employee data protection

As many new opportunities as digitalization opens up, it is equally important to handle employees’ personal data with care. While software makes work more flexible and easier, it is essential to ensure that employees’ rights and their interest in the careful handling of personal data are protected.

Issues related to employee data protection are, among other things, the subject of countless company agreements, which are often preceded by protracted disputes between employers and works councils. We provide you with comprehensive advice and conduct negotiations competently, taking into account both labor law and data protection law.

You can find us at Kaiserstrasse 1a in Bonn. We advise employers and employees from Bonn, the Rhein-Sieg district, and the rest of Germany. Since you only have three weeks to file a wrongful termination lawsuit, you should contact us as soon as possible after receiving a notice of termination—either by phone at +49 228 387 560 200 or via the form on this page.

Frequently Asked Questions About Employment Law

Three weeks from receipt of the written notice of termination, § 4 KSchG. If the lawsuit is filed later, the termination is deemed effective from the outset, § 7 KSchG, regardless of how challengeable its content might have been. This time limit applies to all terminations, including extraordinary terminations and terminations in small businesses.

The Unfair Dismissal Protection Act applies if the employment relationship has lasted longer than six months (Section 1(1) of the Unfair Dismissal Protection Act) and the company generally employs more than ten employees (Section 23(1) of the Unfair Dismissal Protection Act); part-time employees are counted on a pro-rata basis. Outside this scope of application, a termination remains vulnerable to challenge, for example, due to special protection against termination, procedural defects, or discrimination.

There is no general entitlement to severance pay. It may be considered if the employer offers it in the notice of termination pursuant to § 1a of the German Employment Protection Act (KSchG), if a social plan provides for it, or if it is stipulated in an employment contract or collective bargaining agreement. In practice, severance payments are usually agreed upon in a settlement before the labor court, with the amount based on the likelihood of success in the unfair dismissal lawsuit.

Not without careful consideration. A termination agreement typically results in a 12-week waiting period with the Employment Agency, and by signing it, you waive your protection against wrongful termination. There is no statutory cooling-off period, but case law requires fair negotiations, so acting in haste can render the agreement vulnerable to challenge.

A qualified reference covering performance and conduct, § 109 of the German Trade Regulation Act (GewO). It must be worded favorably and must not hinder professional advancement, but at the same time must not contain any falsehoods. Anyone seeking a rating higher than average must present the facts supporting that claim; the Federal Labor Court upholds this requirement, even though high ratings are common in practice.

Yes. According to the Federal Labor Court’s decision of September 13, 2022, this obligation already arises from Section 3(2) of the Occupational Safety and Health Act (ArbSchG), interpreted in accordance with EU law, meaning that the start, end, and duration of the daily work period must be recorded. A separate law setting out requirements for electronic recording and exceptions for small businesses has been announced but not yet enacted; in this respect, it remains to be seen which requirements will ultimately apply.

Your Contacts for Employment Law

Florian Wagenknecht

Florian Wagenknecht

Partner & specialist lawyer for copyright & media law

Your Inquiry Regarding Labor Law

Current in the blog