Support for employees and employers in reinstatement, severance/notice pay, overtime, workplace accidents and employer consultancy.
Labor law is the branch of law that regulates the rights and obligations arising from the employment relationship between employee and employer, employment contracts, wages and working conditions, the termination of the employment relationship, and employee receivables.
Disputes arising in working life do not only produce financial consequences; they can directly affect the employee's economic and social life or the employer's commercial activities. For this reason, it is important that the legal rights and obligations be correctly determined throughout the process, from the establishment of the employment relationship to its termination.
Our firm provides legal consultancy and attorney services in the areas of disputes between employees and employers, employment contracts, reinstatement lawsuits, severance and notice pay, wage and overtime receivables, annual leave and other employee receivables, workplace accidents, consultancy to employers, and the resolution of labor law disputes.
Labor law is the branch of law that regulates the rights and obligations arising from the employment relationship between employee and employer. The formation of the employment contract, working conditions, wages, overtime, annual leave, occupational health and safety, termination of the employment contract, severance and notice pay, reinstatement and employee receivables are among the core subjects of labor law.
Various legal disputes may arise between employee and employer during the employment relationship or after the termination of the employment contract. Our firm provides legal support in reviewing employment contracts, assessing working conditions, disputes relating to wages and fringe benefits, overtime, annual leave, weekly rest and public-holiday receivables, severance and notice pay, reinstatement claims, assessment of termination procedures, and the calculation of employee receivables.
Severance pay is one of the significant employee receivables that may arise where the employment contract is terminated under the conditions set out by law. In determining whether an entitlement to severance pay has arisen, the employee's length of service, the manner in which the employment contract was terminated, and whether the statutory conditions are met are assessed.
Notice pay may arise where an employment contract of indefinite duration is terminated without observing the notice periods set out by law. In determining the applicable notice period, the employee's length of service at the workplace and the relevant statutory provisions are taken into account.
A claim for reinstatement may arise where it is alleged that the employment contract was terminated by the employer without valid cause or in violation of the statutory conditions.
Because the time limits set out by law are important in reinstatement claims, it is important to carry out the legal assessment without delay following the date of termination.
An employee may have various monetary receivables arising from the employment contract and the employment relationship: unpaid wages, overtime pay, weekly rest pay, national holiday and public holiday pay, annual leave pay, severance pay, and notice pay. In determining employee receivables, payroll records, bank records, workplace records, timekeeping records, witness statements and other evidence are assessed together.
Work performed by an employee in excess of the statutory working hours may be considered overtime, depending on the circumstances of the case and the applicable legal provisions. In determining overtime receivables, evidence such as working hours, workplace records, timekeeping records, payroll records, electronic records and witness statements may be important.
Employees are entitled to paid annual leave under the conditions set out by law. Unused annual leave may, under certain conditions, convert into a wage receivable upon termination of the employment contract.
Where an employee works on a weekly rest day or on a national or public holiday, the relevant wage receivables may arise depending on the particular circumstances of the case. In determining these receivables, working days, workplace records, timekeeping records, payroll records and other evidence are assessed.
The employment contract is one of the fundamental legal documents for determining the rights and obligations of the parties within the employment relationship. Our firm provides legal review and drafting services with respect to employment contracts of indefinite and definite duration, probationary contracts, part-time employment contracts, remote-work contracts, contracts for managers and specialist employees, and confidentiality and non-compete provisions.
It is important for employers to conduct their employment relationships in compliance with the law, in order to reduce labor disputes and legal risks. Our firm provides legal consultancy to employers on drafting employment contracts, assessing recruitment processes, disciplinary procedures, assessment of termination proceedings, drafting warning and defense letters, mediation negotiations, and the follow-up of labor litigation.
The termination of an employment contract is one of the matters that most frequently gives rise to legal disputes in labor law. Whether the termination is based on valid or just cause, the content of the termination notice, the procedure to be followed, and the employee receivables that may arise as a result of the termination must be assessed on the basis of the specific case.
Where the conditions set out by law are met with respect to the employee or the employer, immediate termination of the employment contract for just cause may arise. Because there are time limits for exercising the right to terminate for just cause, it is important to assess the specific case promptly.
Workplace accidents are events that can give rise to significant consequences under labor law and social security law. The material and moral damages suffered by the employee or their beneficiaries following a workplace accident, and the employer's liability, are assessed according to the circumstances of the specific case. In this context, legal support is provided regarding the examination of the employer's liability, claims for material and moral compensation, claims for loss of support, assessment of fault, and review of expert reports.
Occupational health and safety legislation sets out important obligations aimed at protecting the health and safety of employees in the workplace. In the event of a workplace accident or occupational disease, whether the occupational health and safety obligations were fulfilled is separately assessed.
For many disputes arising from labor law, completion of mandatory mediation is required before a lawsuit may be filed (a precondition for the lawsuit). Mediation negotiations may address disputes such as employee receivables, severance and notice pay, overtime, annual leave and reinstatement. Our firm carries out legal assessment on behalf of the employee or the employer during the mediation process, attends the negotiations, and reviews the legal consequences of settlement agreements.
Where disputes arising from labor law cannot be resolved through mediation, or where direct recourse to litigation is possible, judicial proceedings may follow. Our firm follows litigation processes arising from labor law disputes, including reinstatement lawsuits, severance and notice pay cases, employee receivable cases, overtime claim cases, and compensation cases arising from workplace accidents.
Evidence plays an important role in proving claims in disputes arising from labor law. Depending on the nature of the specific case, employment contracts, payroll records, bank records, timekeeping records, social security (SGK) records, entry-exit records at the workplace, email correspondence, electronic records, witness statements, and warning and termination notices may be assessed. Timely preservation and legal review of the available documents, particularly with respect to termination and employee receivables, is important for protecting one's rights.
Knowing the rights employees hold within the employment relationship enables disputes that may arise in working life to be properly assessed. Depending on the circumstances of the specific case, matters such as wages, overtime pay, paid annual leave, weekly rest, national and public holiday pay, severance pay, notice pay, reinstatement, occupational health and safety, and the right to equal treatment may arise. The existence and scope of these rights must be assessed separately for each case.
It is important for employers to assess legal risks not only after a dispute arises, but also before the employment relationship begins. Regular legal consultancy can contribute to drafting employment contracts in compliance with legislation, conducting termination processes correctly, protecting employee rights, and reducing the employer's legal risks.
In order to be entitled to severance pay, the conditions set out by law must be met. In addition to the length of service, the manner in which the employment contract was terminated and the other statutory conditions must be assessed together.
The content of the termination notice and the manner in which the employment contract was terminated should first be examined. In addition to severance pay, notice pay, unused leave and other employee receivables, the right to reinstatement should also be assessed if the conditions are met. Because there are statutory time limits for reinstatement, it is important to carry out the legal assessment without delay following the date of termination.
If you claim to have worked overtime and that the corresponding pay was not paid, the working hours and the available evidence must be assessed. Workplace records, payroll records, timekeeping records, electronic records and witness statements may be important depending on the circumstances of the specific case.
Termination of an employment contract may give rise to different legal consequences depending on the type of contract and the circumstances of the specific case. The employer may be subject to various statutory obligations when exercising the right to terminate.
The nature, amount and payment periods of the unpaid wages are determined, and the legal remedies available to the employee are assessed. Depending on the nature of the dispute, mediation and litigation proceedings may follow.
The employer's liability in a workplace accident is determined by taking into account how the incident occurred, the degree of fault, occupational health and safety obligations, and other specific circumstances. Liability must be separately assessed for each workplace accident.
For many disputes arising from labor law, recourse to mediation before filing a lawsuit is set out as a precondition for the lawsuit. However, different procedures may apply depending on the nature of the dispute.
For both employees and employers, timely assessment of legal rights arising from the employment relationship is important in order to prevent potential loss of rights. Every dispute relating to labor law is assessed individually, taking into account the length of employment, the nature of the employment contract, the manner of termination, wages, workplace records and the available evidence.