In the event of certain formal errors, the employee can and must also reject the notice of termination within an even shorter period of time. The employee should therefore seek legal advice from a labour law attorney on the first day after receiving the notice of termination.

However, many employees are not only protected against dismissal by general legislation, but can also invoke further special protection against dismissal. This applies, for example, to Severely disabled personsWorks Council members, Pregnant women/expectant mothers, Parents on parental leave, Data protection officer etc. Simply contact us if you would like advice on this.

However, even if the Dismissal Protection Act is not applicable due to the lack of size of the respective company or the short period of employment of the employee, this does not mean that the employee can be dismissed arbitrarily. Because in particular against a immoral or unfair dismissal the employee can also apply without Applicability of the Dismissal Protection Act proceed successfully.

Simply give us a call so that we can decide together with you whether and how to proceed in your case.

2. legal advice on warning letters

In contrast to a cancellation, which must always be made in writing, the Labour law warning is not bound to any particular form. This means that it does not necessarily have to be in writing, but can also be issued verbally.

However, since the warning is often a prerequisite for an effective termination for misconduct and/or is intended to prepare for the termination, it is strongly recommended that the warning be issued in writing for reasons of verifiability.

Both employers and employees need to take great care when issuing warnings to avoid undesirable legal consequences. An employee should not accept a warning without objection and an employer should carefully consider and prepare the warning.

If you are an employer and wish to issue a warning letter, or an employee and wish to contest a warning letter, you are welcome to contact us so that together we can find the best solution for you.

3. legal assistance with bullying/bossing

As a result of social change and the associated uncertainties regarding job security, individual employees are repeatedly exposed to bullying by their work colleagues or superiors (bossing). According to studies, two thirds of all employees have already felt bullied in their working life. The Bullying However, the bullying of colleagues in particular should be countered immediately and decisively, as otherwise it can lead to considerable damage to the health of the bullied person.

It is the employer's, and therefore the line manager's, duty under labour law to ensure that individual employees are not bullied by other employees. Statements by the employer that the employees must settle this among themselves are therefore untenable under labour law.

If you are being bullied, call us so that we can work with you to make you feel more comfortable in your workplace again and put an end to the bullying.

4. counselling and representation regarding employment contracts/employment references

The Employment contract or Training contract forms the legal basis of the legal relationship between employer and employee. It is a special form of employment contract and should contain all important provisions for the employment relationship.

The most important elements of the employment contract are the exact designation of the parties, the exact description of the activity and the exact description of the working hours to be performed by the employee, as well as the structure of the salary.

However, the employment contract should of course contain further provisions so that there is no potential for disputes between the parties (e.g. company pension scheme, special benefits, sideline or Non-compete clauses).

If you would like to draft an employment contract or have it reviewed, we will be happy to assist you! Another important and often existential topic for employees are the Testimonials. A bad Job reference can make the employee's career progress considerably more difficult. Every employee should therefore check the reference they receive to ensure that it actually reflects the work they have done and does not contain any hidden formulas that could give the future employer a false impression.

These famous reference formulas in particular are increasingly being used to get back at the employee. We will be happy to help you review your reference letter.

5. legal support with termination agreements/severance payments

With the conclusion of a dissolution agreement or a Cancellation agreement the employer often attempts to evade its obligations towards the employee under labour law, as this allows it to avoid the regulations on protection against dismissal. Especially if such a cancellation agreement includes the payment of a Severance payment The employee should exercise extreme caution, as this offer is often only intended to lure them in and the severance payment to which they are entitled is often significantly higher. A cancellation or termination agreement should therefore not be signed lightly, as in most cases there is no prospect of subsequently contesting such an agreement. Do not allow yourself to be pressurised into signing, but seek advice from a lawyer specialising in employment law beforehand so that you do not make an expensive mistake.

6. legal assistance with wages/labour salary

The Wages is the employer's remuneration for work performed by the employee and is usually paid in arrears. Due to economic constraints, such as a poor order situation for the employer or other problems, the employer may pay the employee's wages late or not at all. In order to avoid shortages for the employee, however, the employee should take immediate action and request payment from the employer, preferably by a lawyer, setting a deadline. Since January 2015, the Minimum wage. There is often a dispute between employer and employee as to whether the employer's payments comply with the statutory minimum wage. Another contentious issue is the question of when the employer is obliged by law to continue paying the employee's wages, for example in the event of illness after the statutory minimum wage. Continued Remuneration Act or for holidays after the Federal Holiday Act.

Also the question of whether and for how long the health insurance company is obliged, Sickness benefit is repeatedly the subject of legal disputes. Here, too, we naturally advise both parties to the employment contract, taking into account current case law and legislation.

Contact Us

If you need advice on labour law, please call us without obligation on 0221 – 80187670 or send us an email at or send an email to info@mth-partner.de info@mth-partner.de

Our contact details:

Lawyer Helmer Tieben Cologne Südstadt (near Ulrepforte/Chlodwigplatz)

Sachsenring 34
50677 Cologne
Phone: 0221 - 80187670
Fax: 0221 - 2717110
e-mail: info@mth-partner.de
web: www.mth-partner.de