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Employment law

We want to do more than just damage limitation. A large number of emerging issues can be avoided by acting in a timely manner and with foresight.

Employment law for employees, companies and executives in Hamburg-Harburg.

On average, we work 39.1 years of our lives¹, although this does not mean that we are always at work, as we used to be. Even before the outbreak of the coronavirus pandemic, the world of work was undergoing a transformation. Working from home, flexible working hours and a healthy work-life balance are just a few of the issues that, since then, can put a strain on the employment relationship between employee and employer. Accordingly, there is a growing need, on both the employer and the employee side, for clear rules and agreements in the employment relationship.

Our specialist lawyers for employment law at the Hamburg-Harburg office advise and represent you comprehensively throughout Germany in all areas of employment law. Thanks to our extensive expertise in employment and public sector employment law, we always put our clients in a pole position.

For some people, work is their vocation or even the fulfilment of their professional dreams; for others, it is simply a way to earn a living. But what happens if the job is no longer the right fit, you are tempted by a new challenge in another company, you have been given a warning or even a notice of dismissal, or a transfer of undertaking is imminent? It is important that you obtain a swift but comprehensive overview of your legal situation in the employment relationship at short notice, because the statutory deadlines are often short in employment law. In addition, an employment contract often contains further restrictive exclusion periods.

Employment law in Germany is generally designed to be employee-friendly. In addition to a large number of statutory provisions, the question of what is permissible under employment law and how an employment relationship should be structured in a meaningful manner is determined by a large number of labour court decisions. The constantly changing employment case law must also be considered when cooperating with works councils and supervisory authorities.

As a board member, managing director or executive employee of a company, you are always in a special situation in terms of employment law. Employment law provisions often do not apply to you or only to a limited extent. Accordingly, an optimally drafted employment contract is of paramount importance to you.

¹ Source: Eurostat

What we do for you

  • Dismissal and protection against unfair dismissal
  • Warnings
  • Employment references
  • Maternity protection and parental leave
  • Bogus self-employment
  • Temporary agency work
  • Employment contracts, managing directors' service contracts and works agreements
  • Flexible working time and remuneration models as well as individual remuneration systems (cafeteria principle), developed with our tax experts
  • Transfers of undertakings as well as restructurings and changes of legal form, in competence teams with company law, family law, inheritance law and our tax advisory teams
  • Individual and collective employment law, including cooperation with works councils and supervisory authorities
  • Executives: bonuses, non-compete clauses, Prokura (statutory commercial power of attorney) and company cars
  • Position as a corporate officer and service contract for managing directors of a GmbH
  • Representation out of court and before the labour courts
  • Training at your company for you, your managers and your employees

Contacts

The experts to match.

Frequently asked questions about employment law

Answers to the questions our clients ask us most often about employment law.

How quickly do I have to act after a dismissal?

Anyone who wants to challenge a dismissal must file an action with the labour court within three weeks of receiving it. Sometimes, however, immediate action is required, for example if the notice of dismissal was signed not by the employer itself but by a representative. It is therefore important that you obtain a swift but comprehensive overview of your legal situation in the employment relationship at short notice. Ideally, get in touch as soon as the letter reaches you.

Can a dismissal be given, for example, as a scanned copy by e-mail?

No, employment law prescribes strict written form by statute. This means that the notice of dismissal must reach the recipient as an original bearing a handwritten signature. Failure to comply with this form automatically renders the dismissal invalid.

I am the managing director of a GmbH. Am I subject to social security contributions?

In principle, yes. Although you are not an employee, in most cases you are deemed to be in dependent employment and therefore subject to social security contributions. Only if you are also a shareholder with a certain degree of influence can you be regarded as self-employed. If there is any doubt in this respect, it should be clarified by an early review in order to avoid later back-payment claims from the Deutsche Rentenversicherung (German Statutory Pension Insurance Scheme).

How many warnings are required before a dismissal can be given?

There is no clear answer to this. Rather, the number required depends on many factors in the individual case, such as the length of the employment relationship and the severity of the breach of duty in question. In the case of a correspondingly serious breach of duty, no warning at all may be required before a dismissal, or several may be needed. A review of the individual case is therefore always necessary in order to proceed correctly.

How much severance pay am I entitled to after a dismissal?

In most cases, there is no entitlement to severance pay at all. Rather, severance pay is the result of an agreement between employer and employee on the termination of the employment relationship. Whether severance pay is paid, and how much, depends on various factors, in particular on the validity of the dismissal, but also on the negotiating skills of both parties. We support you and develop a suitable negotiating strategy to achieve the best possible outcome for you.

We are here for you.

Would you like to make an appointment or arrange a callback or request more information about us? Write to us, or call us on +49 40 697989-0.

Contact us
bank-und-kapitalmarktrecht

Contact

We are here for you.

Would you like to make an appointment or arrange a callback or request more information about us? Write to us, or call us on +49 40 697989-0.