Find an Employment Lawyer in Germany

An employment lawyer in Germany provides advice and representation on matters such as employment contracts, termination, wage disputes, and other labor law issues to ensure legal security.

1. Advising Managing Directors and CEOs about Their Rights

Foreign entrepreneurs who serve as managing directors or CEOs in Germany need to be aware of the specific rights and duties they have, which differ from those of regular employees. An employment lawyer in Germany can help by:

• Contract Design: The service contract governs your compensation and liability. An employment lawyer in Germany can ensure that all relevant points are properly covered.
• Minimizing Liability Risks: Managing directors do not have general protection against dismissal. An employment lawyer in Germany can draft the contract in a way that reduces liability risks.
• Meeting Legal Requirements: The employment lawyer in Germany can ensure that the contract complies with all legal regulations and that you, as a managing director, are legally protected.

2. Anti-Discrimination Policies and Best Practice Recommendations

Discrimination in the workplace is illegal in Germany. An employment lawyer in Germany can help by:

• Creating Anti-Discrimination Guidelines: The lawyer can develop clear, legally compliant anti-discrimination policies that address gender, origin, age, and other factors.
• Recommending Training Programs: The employment lawyer in Germany can advise on regular training to raise awareness of discrimination issues.
• Establishing a Complaint System: The employment lawyer in Germany can help establish a functional complaint system that protects against legal risks.

3. AÜG License for Employee Leasing

If you want to lease employees through an agency in Germany, you need a special license for employee leasing (AÜG) from the Federal Employment Agency. An employment lawyer in Germany can assist by:

• Applying for the AÜG License: The lawyer can ensure the application is correctly filed.
• Ensuring Legal Compliance: The lawyer can ensure that all legal requirements, such as equal pay for temporary workers, are met.
• Avoiding Legal Issues: The employment lawyer in Germany can minimize the risk of fines and legal consequences by offering proper guidance.

4. Employment Contracts

Employment contracts in Germany must meet certain minimum requirements, such as those regarding working hours, salary, and termination periods. An employment lawyer in Germany can assist by:

• Reviewing the Contract: The lawyer can ensure that the contract meets all legal standards and contains essential details like working hours, salary, and termination terms.
• Adapting to German Standards: Especially for foreign employers, the lawyer can tailor the contract to comply with German laws.
• Ensuring Legal Protection: The lawyer can make sure that the contract is legally sound and prevent potential conflicts.

5. Employee Data Protection

Employee data in Germany is subject to the General Data Protection Regulation (GDPR). An employment lawyer in Germany can help by:

• Establishing GDPR-Compliant Processes: The lawyer can ensure that the processing of employee data is legally compliant with the GDPR.
• Drafting Data Privacy Statements: The employment lawyer can help draft clear and legally secure data privacy statements.
• Providing Training and Advice: The lawyer can advise on regular training to ensure compliance with data protection regulations, avoiding fines and legal liabilities.

6. Termination Agreements and Fair Terminations

Termination of employees in Germany must be done in a socially justified manner and within the correct timeframes. An employment lawyer can assist by:

• Reviewing Notice Periods: The lawyer can ensure that all termination deadlines are correctly adhered to.
• Drafting Severance Agreements: If a severance agreement is preferable, the lawyer can ensure it is legally sound.
• Legal Protection: The employment lawyer in Germany can help avoid potential claims for unemployment benefits or other legal issues arising from wrongful terminations.

7. Labour Relations, Negotiation, and Litigation

In Germany, labor relations are often influenced by works councils or trade unions. An employment lawyer in Germany can help by:

• Conducting Fair Negotiations: The lawyer can ensure that negotiations with works councils or trade unions are legally compliant.
• Resolving Disputes: In case of conflicts, the employment lawyer in Germany can ensure that the proper legal steps are taken to resolve the issue.
• Avoiding Litigation: By thoroughly preparing, the lawyer can help prevent lengthy and costly court proceedings.

8. Legal Support for Posting Employees Abroad

When posting employees abroad, you need to comply with both the labor law and tax regulations of the destination country. An employment lawyer in Germany can assist by:

• Ensuring Legal Compliance: The lawyer can ensure that you meet the legal requirements in the destination country, including labor and tax laws.
• Addressing Social Security Obligations: The employment lawyer in Germany can help clarify and implement the correct social security obligations.
• Minimizing Legal Risks: With proper legal advice, the lawyer can help prevent errors and potential issues in posting employees abroad.

1. Advising Employees Posted Abroad and Those Posted in Germany

Employees who are posted abroad or come to Germany need to understand their rights. An employment lawyer in Germany can help by:

• Providing Advice for Foreign Assignments: The lawyer can explain what rights employees have in the destination country.
• Clarifying Rights in Germany: The lawyer can inform employees about their rights and obligations when they come to Germany.
• Preventing Errors: The employment lawyer in Germany can ensure that all relevant regulations are properly followed.

2. Annual Leave Disputes

In Germany, every employee is entitled to a statutory annual vacation of at least 24 working days. If there are disputes regarding vacation entitlement, an employment lawyer in Germany can help by:

• Reviewing Vacation Entitlements: The lawyer can ensure that vacation is granted in accordance with legal requirements.
• Enforcing Vacation Rights: If there are issues with granting vacation, the employment lawyer in Germany can help enforce the employee's rights.
• Resolving Disputes: The lawyer can mediate between employer and employee and provide legal solutions for vacation-related conflicts.

3. Counsel in Matters of Discrimination and Bullying in the Workplace

Discrimination and bullying are illegal in Germany. An employment lawyer in Germany can help by:

• Enforcing Rights: The lawyer can ensure that discrimination and bullying are legally addressed and that appropriate compensation is claimed.
• Requesting Compensation: If an employee is a victim of discrimination or bullying, the employment lawyer in Germany can help demand compensation.
• Advising Employers: The lawyer can also advise employers on creating a discrimination-free workplace.

4. Examining Employment Contracts

An employment lawyer in Germany can review an employment contract to ensure that:

• All Legal Requirements Are Met: The contract must contain clauses related to working hours, salary, and termination periods.
• Fair Terms Are Included: The lawyer can ensure that the terms are fair for both the employer and the employee.
• Missing Clauses Are Added: The employment lawyer in Germany can ensure that no important legal aspects are omitted from the contract.

5. Notice Periods

Germany has strict rules regarding notice periods for termination. An employment lawyer in Germany can help by:

• Reviewing Notice Periods: The lawyer can ensure that both the employee and the employer adhere to the correct notice periods.
• Challenging Unlawful Termination: If the notice period is not followed correctly, the employment lawyer in Germany can challenge the termination.
• Providing Legal Guidance: The lawyer can offer legal advice on notice period issues and guide employees through the necessary steps.

6. Severance Pay

When an employee is terminated, they may be entitled to severance pay. An employment lawyer in Germany can:

• Check Entitlement to Severance: The lawyer can determine whether the employee is entitled to severance pay.
• Negotiate Severance: The lawyer can help negotiate a fair severance payment.
• Take Legal Action: If there are disputes regarding severance, the lawyer can pursue legal action to ensure fair compensation.

7. Support in Sexual Harassment Cases

Sexual harassment is illegal in Germany and should be taken seriously. An employment lawyer in Germany can help by:

• Enforcing Rights: The lawyer can ensure that sexual harassment is legally addressed and that compensation is pursued.
• Advising Employers: The lawyer can help companies implement preventive measures to ensure a safe workplace.
• Taking Legal Action: If harassment is proven, the lawyer can take the necessary legal steps to resolve the issue and claim compensation.

8. Unfair Dismissal and Employment Termination

If an employee is unfairly dismissed, they can challenge the termination. An employment lawyer in Germany can help by:

• Reviewing the Dismissal: The lawyer can determine whether the dismissal was unjustified.
• Taking Legal Action: If the dismissal was unlawful, the employment lawyer in Germany can assist in challenging the termination.
• Requesting Compensation: The lawyer can help the employee seek compensation or reinstatement.