Legal Advice on Employment and Labour Law in Cologne
Rechtsanwalt Tieben

Rechtsanwalt Helmer Tieben
Beratung unter:
Tel.: 0221 - 80187670

Schwerpunkte
    • Action against unfair dismissal
    • Action over pay matters
    • Testimonials
    • Cautions
    • Employment contracts
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Rechtsanwalt Helmer Tieben

Helmer Tieben

Rechtsanwalt Employment and Labour Law

Labor Law is a Core Focus of Attorney Helmer Tieben’s Practice in Cologne’s Südstadt Near Ulrepforte.

According to Information and Technology NRW (IT.NRW), there are now approximately 500,000 employees subject to social insurance contributions in Cologne, working for about 100,000 companies. This creates significant potential for conflict, especially as employees spend a large part of their lives at their employer’s workplace.

Attorney Helmer Tieben advises both employees and employers, always striving to find the best and most socially acceptable solution for his client’s problem. Whenever possible, we aim to avoid going to the Cologne Labor Court by finding a solution beforehand. However, if going to labor court is unavoidable, we will, of course, represent you there with dedication and determination to ensure you receive your due rights.

The following areas are frequently the subject of labor law consultation:

1. Legal Advice on Dismissal/Unfair Dismissal Claims/Special Dismissal Protection

The most relevant area in labor law by far is dismissal, with approximately half of all cases at the labor court being unfair dismissal claims (Kündigungsschutzklagen). The Dismissal Protection Act (Kündigungsschutzgesetz) introduces a special law governing the termination of employment contracts. An employer can dismiss an employee for personal reasons, behavioral reasons, or operational reasons. If an employee feels unjustly treated by a dismissal, they should be aware that filing an unfair dismissal claim is usually time-sensitive. This means that the employee has three weeks from the date of receiving the dismissal to file a claim. If the claim is not filed within this time frame, the dismissal is considered legally valid from the outset, and the claimant can no longer challenge potential errors in the dismissal.

[Notice] Your first contact for labor law inquiries at our law firm is Attorney Helmer Tieben. Attorney Helmer Tieben has been practicing labor law since being admitted to the bar and thus has extensive experience, particularly in this field. If you have a labor law issue, simply call Attorney Tieben at +49 221 80187670. [/notice]

In certain cases of formal errors, the dismissal must also be contested within an even shorter period. Therefore, the employee should ideally consult a labor lawyer on the first day after receiving the dismissal notice.

Many employees are not only protected from dismissal by general laws but can also invoke special dismissal protection. This applies, for example, to severely disabled employees, works council members, pregnant women/expectant mothers, parents on parental leave, data protection officers, etc. Contact us if you would like advice on these matters.

Even if the Dismissal Protection Act does not apply due to the company’s size or the short duration of the employee’s employment, this does not mean that the employee can be dismissed arbitrarily. In particular, an employee can successfully challenge a dismissal that is deemed to be against public policy or in bad faith, even without the application of the Dismissal Protection Act.

Just give us a call, and together we will decide whether and how to proceed in your case.

2. Legal Consultation on Warnings

Unlike a dismissal, which must always be in writing, a German labor law warning is not bound to any specific form. This means that it does not necessarily have to be issued in writing; it can also be given verbally.

However, since a warning is often a prerequisite for a valid behavior-related dismissal and/or serves as preparation for a dismissal, it is strongly recommended to issue it in writing for reasons of proof.

Both employers and employees should exercise great caution regarding warnings to avoid unintended legal consequences. An employee should not accept a warning without objection, and an employer should carefully consider and prepare a warning.

If you are an employer looking to issue a warning, or an employee wishing to contest one, feel free to contact us, and together we will find the best solution for you.

3. Legal Assistance in Cases of Mobbing/Bossing

Societal changes and the resulting uncertainties about job security mean that employees are increasingly exposed to bullying (mobbing) by their colleagues or superiors (bossing). Studies indicate that two-thirds of all employees have felt mobbed at some point in their professional life. Mobbing, especially by colleagues, should be addressed immediately and decisively, as it can otherwise lead to serious health issues for the affected individual.

It is the legal obligation of the employer, and thus the superior, to ensure that employees are not mobbed by others. Statements from employers that employees should resolve such matters among themselves are legally unacceptable.

If you are being mobbed, call us so that we can work together to ensure that you feel comfortable at your workplace again and put an end to the mobbing.

4. Advice and Representation Regarding Employment Contracts/References

The employment contract or training contract forms the legal foundation of the relationship between employer and employee. It is a special form of a service contract and should contain all essential provisions relevant to the employment relationship.

The most important elements of the employment contract are the exact identification of the parties, a precise description of the job, the specific working hours the employee is required to perform, and the structuring of the salary.

However, the employment contract should also include other provisions to prevent disputes between the parties (e.g., company pension schemes, special payments, secondary employment or non-compete clauses).

If you would like assistance drafting or reviewing an employment contract, we are happy to help! Another crucial and often existential issue for employees is the employment reference. A poor reference can significantly hinder an employee’s career progression. Every employee should carefully review their reference to ensure it accurately reflects their work and does not contain any hidden formulas that could give a future employer a false impression.

These infamous reference codes are increasingly used to subtly damage an employee’s reputation. We are happy to help you review your employment reference.

5. Legal Support for Termination Agreements/Severance Pay

By entering into a termination or settlement agreement, the employer often seeks to evade their legal obligations to the employee, as this can circumvent the regulations of dismissal protection. When such an agreement includes the payment of severance (Abfindung), employees should exercise extreme caution, as this offer is often just bait, and the actual severance amount due may be significantly higher. A termination or settlement agreement should not be signed lightly, as attempting to challenge such an agreement afterward is, in most cases, hopeless. Do not allow yourself to be pressured into signing; instead, consult a labor lawyer beforehand to avoid making an expensive mistake.

6. Legal Assistance with Wages/Salaries

Wages are the employer’s payment for an employee’s labor, usually paid afterward. Due to economic constraints, such as a poor order situation for the employer or other problems, it may happen that wages are paid late or not at all. To avoid cash flow issues, employees should act immediately and, ideally, have a lawyer set a deadline for payment.

Since January 2015, the minimum wage has been in effect. Disputes often arise between employers and employees about whether the employer’s payments meet the statutory minimum wage requirements. Another contentious issue is when employers are legally required to continue paying wages, for instance, in cases of illness (as per the Continuation of Remuneration Act) or during vacation (as per the Federal Vacation Act).

We also frequently handle cases regarding whether and how long health insurance must pay sickness benefits. In these matters, we advise both parties to the employment contract, taking into account current case law and legislation.

Contact Us

If you need labor law advice, feel free to call us at +49 221 80187670 or send an email to info@mth-partner.de.

Our contact details:

Attorney Helmer Tieben, Cologne Südstadt (near Ulrepforte/Chlodwigplatz)

Sachsenring 34
50677 Cologne
Phone: +49 221 80187670
Fax: +49 221 2717110
Email: info@mth-partner.de
Web: www.mth-partner.de

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