Whether you are an employee, employer, managing director or executive, you are confronted with labor law issues every day. We are happy to support you and guide you successfully to your goal.
You have been dismissed without any apparent reason and without any misconduct on your part and would like to take action against the dismissal?
You would like to disengage from an employment relationship with your employee, need an employment contract or a target agreement?
We will be happy to advise you at all stages of your employment relationship. We support you in the preparation of job advertisements, the application process and in the concrete drafting of contractual agreements. In the ongoing employment relationship, we will be happy to advise you on all labor law issues arising from general business operations, up to and including termination of the employment relationship by notice of termination or termination agreement.
We will also advise you competently and comprehensively on the subject of company pension schemes, employer’s references, company co-determination, minimum wage, collective bargaining law as well as bonus agreements and target agreements.
Have you received notice of termination with an offer of severance pay or been terminated without an offer of severance pay? Contrary to the common opinion of many clients, the issue of severance pay is not mandatory. For this reason, competent advice on employment law is indispensable here in particular. In fact, severance pay is often paid out even without a contractual stipulation, for the simple reason that employers fear an action for protection against dismissal. This is because both employees and employers are interested in reaching an amicable agreement if possible. This is because legislation has very strict requirements for a termination to take effect. For this reason, the majority of all terminations are contestable under labor law. With our support, you have a very good chance of obtaining a severance payment. And this, in most cases, without the drastic way of a lawsuit. We are ready to stand up for your rights, because good advice and ultimately professional execution not only determine the severance pay itself, but also influence the type and amount of severance pay, as this can vary greatly.
You would like to give your employee a warning and want to be sure that this warning is effective and contains all the necessary content so that it would stand up to judicial review?
You have received a warning and do not know what to do now? You do not know what consequences can result from a warning – or the warning does not represent the correct facts and you want to take action against it? We are happy to support you!
Do you need assistance in drafting employment contracts? You have received an employment contract and are not clear about certain points, what they mean or would like them changed? A collective agreement applies in addition to the employment contract and you would like to know which regulation applies? Contact us!
Have you received a termination agreement or would you like to end the employment relationship with an employee by mutual agreement? Here, too, there are numerous issues that need to be considered so that it does not lead to any disadvantage for you. We will be happy to prepare and review the respective offer for you.
Have you been dismissed for operational, personal or behavioral reasons? Are you in your probationary period, in vocational training, on maternity leave, a member of the works council or do you enjoy special protection against dismissal due to a severe disability? In this case, quick action is required, as very short deadlines apply in employment law. After receiving the written notice of termination, you usually have a period of only 3 weeks to file an action for protection against dismissal. If this deadline is not met, the dismissal automatically becomes legally binding, even if it may be incorrect or socially unjustified and would therefore be considered invalid.
We also advise you if you wish to terminate an employment relationship with your employee. The employee repeatedly violates his or her contractual work duties, the job is eliminated without replacement, or the employee has characteristics that make a continuation of the employment relationship unacceptable for you? We check which deadlines you have to observe and accompany you in the hearing procedure with your works council. In addition to statutory and contractual notice periods, the hearing of the works council and the question of the applicability of the Dismissal Protection Act (KSchG) also play a decisive role in the question of the effectiveness of the dismissal. We tell you which formalities and regulations must be observed and show you ways to reach your goal as quickly and as effectively as possible. If necessary, we will also implement your rights for you procedurally.
Employees in whose companies the protection against dismissal under the Dismissal Protection Act applies enjoy general protection against dismissal. Whether the Dismissal Protection Act applies depends on the number of employees in the company concerned. Arithmetically, there must be more than 10 full-time employees; trainees do not count. If this threshold is not reached, the protection against dismissal does not apply; the company is then referred to as a small business.
Furthermore, protection against dismissal only applies to employees who have been employed in the same company for 6 months or longer without interruption. Periods before and after an interruption are only added together in very rare cases.
If the employee was already employed in the company concerned before December 31, 2003, other rules may apply.
If the Dismissal Protection Act applies, there must be a reason for termination for the termination to be socially justified and effective. A distinction is made between reasons relating to conduct, personal reasons and operational reasons.
If your employment relationship is not protected by the KSchG, your employer does not need any of the above-mentioned reasons for termination in order to be able to give ordinary notice of termination. Nevertheless, the employer must of course maintain a minimum of social consideration.
Thus, even a formally effective notice of termination given in a small company may, in exceptional cases, violate good faith and thus be invalid as a whole.
There are many reasons for giving notice. The desire for change, a new job offer, problems at work or a change of location of the center of life. There are also many reasons for termination on the part of the employer. What deadlines apply to you if you want to leave the employment relationship? Legal notice periods, regulations from the collective agreement or individual agreements from your employment contract? We support you.
You would like to agree on a contractual non-competition clause or have one in your employment contract whose scope or effectiveness you would like to review? We will be happy to advise you.
If an employee creates a patentable or utility modelable invention within the scope of his or her official duties, the employer is entitled to claim the invention. The employee is entitled to adequate compensation for this.
We help you to comply with the formalities of a service invention as employer or employee before and after the notification and represent your interests in the calculation of an adequate compensation.
Employees in whose companies the protection against dismissal under the Dismissal Protection Act applies enjoy general protection against dismissal. Whether the Dismissal Protection Act applies depends on the number of employees in the company concerned. This must be more than 10 full-time employees; trainees do not count. If this threshold is not reached, the protection against dismissal does not apply; the company is then referred to as a small business.
Furthermore, protection against dismissal only applies to employees who have been employed in the same company for 6 months or longer without interruption. Periods before and after an interruption are only added together in very rare cases.
If the employee was already employed in the company concerned before December 31, 2003, other rules may apply.
If the Dismissal Protection Act applies, there must be a reason for termination for the termination to be socially justified and effective. A distinction is made between reasons relating to conduct, personal reasons and operational reasons.
If your employment relationship is not protected by the KSchG, your employer does not need any of the above-mentioned reasons for termination in order to be able to give ordinary notice. Nevertheless, the employer must of course maintain a minimum of social consideration.
Thus, even a formally effective termination in a small company may, in exceptional cases, violate good faith and thus be invalid as a whole.
Appointment representation
You are a representative of a law firm or active as a lawyer yourself and cannot attend a court date in the Stuttgart area? We are happy to represent your clients in court.
