Labour law is one of the focal points of the Cologne labour law firm of Helmer Tieben in Cologne's Südstadt district, near Ulrepforte-Tor. According to the Information and Technology Association of North Rhine-Westphalia (IT.NRW), there are currently around 500,000 employees in Cologne who are subject to social security contributions and who work for around 100,000 companies. This harbours considerable potential for conflict, particularly because employees have to spend a large part of their working lives at their employer's company. Cologne labour law lawyer Helmer Tieben advises both employees and employers and always endeavours to work with his clients to find the best and most socially acceptable solution to their problem. We try to avoid going to the labour court in Cologne wherever possible and to find a solution in advance. Should it nevertheless be unavoidable to go to the labour court, we will of course represent you there with commitment and determination in order to help you obtain your rights.
The following topics are frequently the subject of labour law advice:
By far the most relevant topic in labour law in Cologne is dismissal. Around half of all actions brought before labour courts are Claims for unfair dismissal. The legislator has therefore introduced a special law on the termination of employment relationships. An employee can be dismissed by the employer personal, behavioural or operational reasons be dismissed. If an employee feels unfairly treated by a dismissal, it should be noted that the assertion of a Ruling of the Federal Labor Court in most cases is linked to a deadline. Employees have three weeks from receipt of the notice of termination to file an action for protection against dismissal. If the deadline is not met, the dismissal is deemed to be legally binding from the outset, meaning that the plaintiff cannot later claim that the dismissal was wrong.
Your first contact for questions about labour law in Cologne at our law firm for labour law in Cologne is Helmer Tieben, lawyer in Cologne. Mr Tieben has been working as a lawyer for labour law in Cologne since his admission and has many years of experience in this field. If you have a labour law problem, simply call Mr Tieben, lawyer for labour law Cologne, on Telephone number 0221 – 80187670 to.
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.
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.
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.
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.
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 the utmost 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 termination or cancellation 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.
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. However, in order to avoid shortages for the employee, 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 legally obliged to continue paying the employee's wages, for example in the event of illness after the end of the working day. 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.
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
In the event of certain formal errors, the employee can and must reject the dismissal within an even shorter period of time. Ideally, the employee should therefore seek legal advice on the first day after receiving the notice of termination.
However, many employees are not only protected from dismissal by general law, but can also rely on additional special protection against dismissal. This applies, for example, to Severely disabled peopleWorks Council members, pregnant Women/ expectant mothers , Parents on parental leave , Data protection officer etc. Please contact us if you would like advice in this regard.
Even if the Dismissal Protection Act is not applicable due to the small size of the company in question or the short period of employment of the employee, this does not mean that the employee can be dismissed arbitrarily. In particular, the employee can successfully take legal action against this Terminations that are immoral or contrary to good faith even without the Dismissal Protection Act is applicable .
Simply give us a call so that we can decide together with you whether and how to proceed in your case.
In contrast to a cancellation, which must always be made in writing, a Labour law warning is not bound to any particular form. Nevertheless, a written warning is strongly recommended for reasons of verifiability. Both employers and employees should be careful when issuing warnings in order to avoid undesirable legal consequences. Employees should not simply accept a warning without objection, and employers should carefully consider the warning. If you would like to issue or contest a warning letter, please contact our labour law firm in Cologne so that we can work together to find the best solution for you.
If you would like to issue a warning letter as an employer or contest a warning letter as an employee, please contact us so that together we can find the best solution for you.
Social change and the associated uncertainty regarding job security mean that individual employees are repeatedly subjected to bullying by colleagues or superiors (bossing). Studies show that two thirds of all employees have been bullied at some point in their working lives. Bullying, Colleagues in particular must react immediately and decisively, as otherwise this can lead to considerable damage to the health of those affected.
Bullying by colleagues or superiors (bossing) is a serious problem. Studies show that two thirds of all employees have been bullied in the course of their working life. Employers have a duty to ensure that employees are not bullied. If you are affected, give us a call so that we can work with you to ensure that you feel comfortable in your workplace again.
Under labour law, it is the duty of the employer and therefore also of the line manager to ensure that individual employees are not bullied by other employees. Statements by the employer that employees must regulate this among themselves are therefore not tenable 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 and put an end to the bullying.
The Employment contract forms the basis of the employment relationship and should contain all relevant provisions. References also play a decisive role in your professional future. An inaccurate or ambiguously worded reference can make career advancement more difficult. Our Labour law firm Cologne supports employees in reviewing and correcting their references.
The Employment contract
or Training contract forms the legal basis of the relationship between employer and employee. It is a special form of employment contract and is intended to contain all commissions relevant to the employment relationship.
The most important elements of the employment contract are the exact designation of the parties, the exact description of the job and the exact description of the working hours to be performed by the employee as well as the salary structure.
However, the employment contract should of course contain further provisions to prevent any disputes between the parties (e.g. company pension scheme, special remuneration, prohibition of secondary employment or Competition).
If you need to draw up or review an employment contract, we will be happy to support you! References References are also an important and often existential issue for employees. A poor reference can significantly hinder career advancement. Every employee should therefore check the reference they receive to ensure that it is a true reflection of their work and does not contain any hidden formulas that could mislead the future employer.
These famous testimonial phrases are being used more and more frequently to give employees a thumbs down after the fact. We will be happy to support you in reviewing your reference.
A lawyer for labour law in Cologne can help if an employer is affected by a Cancellation agreement wants to circumvent the provisions on protection against dismissal. Employees should not allow themselves to be pressurised into signing, but should first seek advice from the best employment lawyer in Cologne in order to avoid costly mistakes.
Wages Continued pay is the employer's remuneration for the 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, it can happen that the employer pays the employee's wages late or not at all. In order to avoid bottlenecks for the employee, the employee should take immediate action and request payment from the employer, preferably via a lawyer, setting a deadline. The Minimum wage The minimum wage has also been in force since January 2015. Disputes often arise between employers and employees as to whether the employer's payments comply with the statutory minimum wage.
Another point of contention is the question of when the employer is legally obliged to continue paying the employee wages, for example in the event of illness in accordance with Continued Remuneration Act or during the holidays under the Federal Holiday Act .
Wage payments are the remuneration for work performed, but in times of crisis there can be delays or even non-payment. In such cases, employees should immediately contact an experienced labour law lawyer in Cologne to enforce their claims. Questions about Minimum wage or continued payment of wages in the event of illness are among the most frequent labour law disputes.
Do you have questions about labour law in Cologne? Our labour law firm in Cologne is at your disposal. Give us a call and let us advise you.
The question of whether and for how long the health insurance fund is obliged to pay Sickness benefit is also frequently the subject of legal disputes. Here, too, we naturally advise both parties to the employment contract, taking into account current case law and legislation.
If you need advice on labour law, please call us without obligation at 0221 - 80187670 or send us an email to info@mth-partner.de
Our contact details:
Attorney Helmer Tieben Cologne Südstadt (near Ulrepforte/Chlodwigplatz)
Sachsenring 34
50677 Cologne
Telephone: 0221 - 80187670
Fax: 0221 - 2717110
e-mail: info@mth-partner.de
web: www.mth-partner.de
Labour 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 Labour 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 labour law consultation:
The most relevant area in labour law by far is dismissal, with approximately half of all cases at the labour court being unfair dismissal claims (dismissal protection claims). The Dismissal Protection Act introduces a special law governing the termination of employment contracts. An employer can dismiss an employee for personal reasons, behavioural 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, typically within three weeks of receiving the dismissal.
In certain cases of formal errors, the dismissal must also be contested within an even shorter period. Therefore, the employee should ideally consult a labour 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, parents on parental leave, data protection officersetc.
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.
Unlike a dismissal, which must always be in writing, a German labour law warning is not bound to any specific form. However, issuing it in writing is recommended for proof.
Societal changes and resulting job security uncertainties mean that employees are increasingly exposed to bullying (mobbing). Studies indicate that two-thirds of all employees have felt bullied at some point. Bullying, especially by colleagues, should be addressed immediately and decisively.
The employment 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.
By entering into a termination or settlement agreementthe employer often seeks to evade legal obligations to the employee.
Wages are the employer's payment for an employee's labour, usually paid afterward. Due to economic constraints, wages may be paid late or not at all.
If you need labour 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: mth-partner.de
After receiving notice of termination, employees only have a period of three weeks to file a complaint with the labour court. If this deadline is not met, the dismissal is usually deemed legally valid. A competent lawyer for labour law in Cologne, such as Helmer Tieben, will be at your side to assert your rights in due time and represent you in court.
A warning does not necessarily have to be accepted. Employees have the right to write a counterstatement or to contest the warning. Cologne labour law lawyer Tieben will help you to check the wording and react in a legally compliant manner.
Yes, there is special protection against dismissal for certain groups of people such as works council members, pregnant women, severely disabled persons or parents on parental leave. If you have any questions about this, please seek individual advice from a labour law lawyer in Cologne.
Bullying by colleagues or superiors is a serious breach of the employer's duty of care. A labour law lawyer in Cologne such as Helmer Tieben will support you in taking legal action against bullying and protecting your rights.
An employment contract should contain clear information about the contracting parties, the job, working hours, remuneration and other provisions. Our labour law firm in Cologne will be happy to check or draw up your contract in order to avoid disputes at a later date.
If wages are not paid or are paid late, employees should request payment from their employer in writing. A lawyer for labour law in Cologne can help you enforce your claims, even in disputes about minimum wage or continued remuneration in the event of illness.
No. A cancellation agreement can have far-reaching consequences, e.g. for your entitlement to unemployment benefit. It is essential that you seek advice from the best labour law lawyer in Cologne, such as Helmer Tieben, before signing.
An unfavourably worded reference can have a negative impact on your professional future. An experienced Lawyer in Cologne will help you to professionally review your reference and analyse it for possible hidden wording. Our employment law firm in Cologne provides you with comprehensive support in the enforcement of a truthful and favourable reference, including in court if necessary.
Mr Helmer Tieben has been licensed as a lawyer since 2005. His work focuses on tenancy law, labour law and immigration law.
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