Lawfirm for labour law

Labour law

Sooner or later, everyone comes into contact with labour law. Whether it's the first job at school or university, vocational training, the employment relationship or the founding or continuation of a company.

Legislation and case law on labour law are constantly changing and being updated. Since there is still no uniform labour code in Germany, it is particularly important to have a good command of labour law issues and to be constantly up to date with the latest case law. Our lawyers for labour law are your right contact persons when it comes to labour law issues. Due to our constant participation in further training and networking, we are able to keep abreast of new developments in case law. In addition, on the basis of our legal database, we are also able to help you with difficult legal issues and point out possible solutions. In labour law, swift action is often of great importance, for example in the case of compliance with notice periods or contractual preclusion periods. However, entrepreneurial changes in response to economic crises also require quick and readily available labour law advice, e.g. on the introduction of short-time work. We are happy to advise you when time is "tight".

As a commercial law firm, we are mainly entrusted with advising and representing employers and executives, but we are also a reliable contact for employees or works councils. Particularly in labour law, the assessment of a matter from changing perspectives is of great advantage.

The concept of labour law

Labour law covers the legal relationships between employers and their employees (individual labour law), between employers and employee representatives such as works councils and trade unions (collective labour law) and, in addition, public law provisions such as occupational health and safety. This regularly results in overlaps with other areas of law, such as company law and social security law.

Individual employment law

In the individual area, our employment lawyers are often tasked with advising and representing employers in out-of-court and/or court disputes in connection with the termination of an employment relationship. The termination regularly takes the form of a dismissal by the employer, against which the employee brings an action before the labour court (so-called action for protection against dismissal). The effectiveness of a termination then depends on many factors and always requires a detailed examination in each individual case. Against this background, our counselling services begin even before the notice of termination is issued, in which we discuss the legal requirements with our clients and jointly design a legally secure procedure. In this way, unnecessary mistakes can be avoided, which could otherwise end in a loss of the dismissal protection proceedings or have to be saved by an expensive court settlement (e.g. payment of a high severance payment in the event of dismissal). In this respect, there is often a need for counselling with regard to the type of termination (termination without notice or ordinary termination), the reason for termination and the prerequisite of social justification under the Dismissal Protection Act (termination for operational reasons, termination for personal reasons and termination for behavioural reasons), the requirement and implementation of the works council hearing or the involvement of other bodies (e.g. integration office, representation of severely disabled persons) and, last but not least, compliance with the prescribed deadlines and formalities. Of course, our lawyers also represent the employee in proceedings for protection against dismissal or other proceedings, such as those to remove a warning from the personnel file, to determine the unfairness of an employer's instruction or an unlawful transfer.

In addition to cases of termination of employment by notice or termination agreement, we also advise our clients on the legally secure establishment of employment relationships by drafting employment contracts or individual contractual clauses, as well as on pending changes in working conditions (e.g. when changing from full-time to part-time (or vice versa)). Take a look at our main areas of practice!

Collective labour law

In the collective field of labour law, we regularly support and represent employers in their dealings and negotiations with works councils. Our advisory services often begin before the works council election is completed (e.g. compliance with the election procedure, election challenges) and then extend throughout the works council's term of office. The Works Constitution Act guarantees the works council, as the elected employee representative body, extensive participation rights with which it can influence the employer's business decisions. In this respect, the employer is obliged to find a constructive way of dealing with the works council, within the framework of which the interests of the company can be enforced and the interests of the employees can be safeguarded to a reasonable extent. To this end, we support employers in negotiating and drafting works agreements and informal regulatory agreements.

If the "cooperation based on trust" between employer and works council provided for by law is disturbed and conflicts arise, we advise and represent employers in extrajudicial and judicial proceedings. In the case of mandatory co-determination rights, both employer and works council can demand the regulation of the relevant matter (e.g. introduction of short-time work, ordering of overtime, introduction of a system for recording working hours) before so-called conciliation boards by means of a binding resolution. In other cases, we represent employers in legal disputes with the works council before the labour court (resolution proceedings).

Your lawyers for labour law

With Korten Rechtsanwälte AG you have a reliable partner at your side who will advise you competently and purposefully even in complex matters and set the right course at an early stage.

We will sit down with you quickly when your problem arises and check to what extent there is a need for action by a lawyer.

As a first step towards enforcing your rights, we usually recommend asserting your claims out of court. In a letter to the other party or in a personal meeting, we make your legal position clear and then try to enforce your rights through negotiation. The advantage of this approach is that an out-of-court settlement can usually lead to success more quickly on the one hand and be more cost-effective on the other. This way can be an efficient alternative, even if you may not always achieve 100% of your goals. In addition, this type of legal enforcement is often less burdensome for the parties, especially if the employment relationship is to be continued afterwards.

However, if the other party is not willing to negotiate and stubbornly insists on its position, the only way to enforce your legal position is to file a complaint with the labour court.

We represent you nationwide at all labour courts and regional labour courts. Before filing a lawsuit, we will of course discuss with you the prospects of success, possible risks and inform you about the costs.

In principle, it is always advisable to consult a lawyer for labour law if you, as a layperson, do not have a complete overview of the legal situation. It does not matter which labour law issue you are dealing with. Although some of these issues can be researched superficially on the internet, only a law firm specialising in your legal problem can offer you sound and legally secure advice.

Whether the law is on your side can be answered by our lawyers specialising in labour law. Please feel free to contact our lawyers for a personal initial consultation or a first legal assessment!

Our main areas of practice include:

Employment contract

From the drafting of employment contracts, the review and amendment of individual provisions, the limitation of employment contracts, from part-time and flexible working hours to full-time, marginal employees (mini-job), trainees, training costs and repayment, commissions and revenue sharing, company cars and data protection.

Managing director's contract

The drafting and review of managing director contracts is also part of our portfolio, in particular with regard to social security issues, commission and turnover shares as well as non-competition clauses and managing director liability and, last but not least, the question of the application of employee protection regulations to the (third-party) managing director.

Holiday

The question often arises for both parties as to when holiday may be taken at all, how much holiday is still available or whether the employee's supposed holiday entitlement can be enforced at all. We are also available to advise you on all questions relating to holiday issues under employment law.

Dismissal and the Dismissal Protection Act

From advice on the decision to terminate employment, compliance with the formalities (e.g. notice periods, formal requirements, power of representation) of the termination to the assessment of the reason for termination (behavioural, personal, operational or for good cause), the hearing of the works council, special protection against dismissal, representation in the proceedings for protection against dismissal or the negotiation of a settlement with severance pay.

Illness / mobbing

As work pressure continues to increase, so do the incidences of illness. Due to the increasing presence of this issue, our law firm has also specialised in the topic of illness and mobbing. Together with you and your contractual partner, we try to find a solution that is not only legally secure, but also satisfies all parties on an emotional level, regardless of whether the employment relationship is to be terminated or continued.

Termination agreement

When drafting, reviewing and negotiating termination agreements, we advise you in particular on the regulation of termination dates, sprinter clauses, avoiding the blocking of unemployment benefits, severance payments, non-competition and customer protection clauses, confidentiality obligations, release of the employee, holiday pay, surrender of company property, company pensions and, of course, the reference.

Warning

If you have received a warning as an employee, we will check for you whether the legal formalities of the warning have been complied with and whether it is effective. But also vice versa, we can prepare a legally compliant warning for you as an employer. Warnings are essential for the preparation of an employer's dismissal for misconduct.

Reference

Our lawyers for labour law will be happy to check your employer's reference. Many references contain the typical "employer's code", which reads nice in its wording, but in reality corresponds to a poor grade. Due to our double expertise, we also formulate references for employers on the basis of the desired grade.

Maternity protection / parental leave

We are also happy to advise you on the special regulations regarding maternity protection (e.g. protection against dismissal, employment prohibitions) and parental leave (e.g. entitlement to parental leave, effective application, duration, shortening/extension, leave during parental leave and protection against dismissal).

Severely disabled employees

Severely disabled employees are afforded special protection by law. Among other things, this entitles them to increased protection against dismissal, an entitlement to five additional days of leave per calendar year and special (technical) workplace equipment. We will show you which additional claims you can assert as a severely disabled employee.

Works council and Works Constitution Act

We advise on works council elections, contesting elections, dealing with the works council, concluding works agreements, preparing measures subject to co-determination (e.g. personnel measures), in disputes before the labour court and in conciliation board proceedings.

Labour law in the Corona pandemic

We will be happy to advise you, for example, on the prerequisites for introducing short-time work in your company (e.g. uniform regulation, consent or notice of change), on short-time work allowance and its eligibility requirements and how to apply for it, on Corona bonuses and on dismissals during short-time work.

Social security law

Social security law, which is closely related to labour law, supplements our range of advice with further points, such as special features of the employment of severely disabled employees, on the receipt of unemployment benefit and the avoidance of a block, on social security contributions to be paid by employers, on questions of continued payment of wages and sick pay, and much more.