Employment law has a long tradition – the most central reason for many changes was and is the protection of dependent employees. A distinction is made between individual labour law (Individualarbeitsrecht) – in this case, the relationship between the individual employer and employee – and collective labour law (Kollektivarbeitsrecht) – in this case, the legal relationship between the employer and the representatives of the employees or the respective associations.
Up to this day, this field of law is not standardized by codification, but rather made up of several sector-specific laws, ordinances, collective agreements, etc., the interplay of which is almost impossible for the legal layperson to keep track of.
Due to the growing internationalisation of activities (e.g., posting of workers), it may be necessary to clarify in advance which (national) labour law applies in each case and how this is influenced by any supranational regulations.
From the perspective of the employee, our advice focuses on questions concerning the admissibility of fixed-term contracts, the arrangement of working hours, especially part-time work, or the fulfilment of claims for holiday leave or continued payment in the instance of sick leave.
After receiving a notice of termination, the focus then shifts to whether the employment relationship can be “saved” – if necessary, with the help of the labour courts – i.e., whether the termination is effective, centrally whether at least an appropriate severance payment can be obtained, or what other claims (may) exist between the parties involved during the termination of the employment relationship, e.g. claims for holiday compensation.
From the employer’s point of view, it must be regularly clarified how best to deal with breaches of duty by employees. In recognition of the special nature of this permanent reciprocal relationship, we always prefer a tiered and proportionate approach, starting with discussions, admonishments, and ultimately the termination of the employment relationship. In particularly serious cases, however, if legally permissible, a notice of termination must be used outright. Here the requirements are high, and insufficiently prepared terminations can cause considerable costs in the event of their invalidity due to the usually continuing claim for payment of wages.