German labour and employment laws are strongly biased in favour of the employee. In addition, German labour law makes it relatively complicated to terminate employment agreements.
Employees are protected by laws and regulations relating to:
- Remuneration (pay, wages and salaries)
- Holiday/vacation time
- Working days and hours
- Social security contributions (health insurance and pension fund)
Employment contract inaccuracies and omissions
Typically, all key aspects of an employment relationship are defined in the contract. However, not every contract is perfect, so it’s important to review each component to determine if anything is missing or contradicts German law.
- If parts of the contract do not meet the standards defined by labour law, it is critical for both parties to clarify this as quickly as possible.
- If it’s not possible to solve the issue in an open discussion with the employer, the employee needs strong legal support to have his rights confirmed by the court.
Contact us if you need advice or representation in an employment contract dispute.
Termination notice and the court’s role
Termination notice given by an employer must meet formal minimum standards and be issued according to German employment termination laws.
If there are any doubts about the validity of the notice, the employee has the right to file a formal objection to the notice. Please note that in most cases this need to be filed within three weeks from the date that the employee received the notice.
In Germany, these labour law court proceedings are common and processed relatively quickly. In fact, the initial phase is supported by the state and offered free of court fees.
Contact us if you need advice or representation regarding wrongful termination.
Contractual ending dates might be invalid
German labour law, in most cases, restricts time limitations of employment contracts to a certain extent. Unless special reasons are given, the maximum duration for fixed-term contracts is two years.
Should a contract be extended for a period of time longer than two years or if the limitation is invalid for other reasons, then the contract will be considered as one with unlimited duration and notice to terminate it is required.
Contact us if you need advice regarding the time limit of your employment contract.
Dwyer Legal labour law services
Dr. Dwyer Legal provides our clients with full support with regard to labour law—from employment contract evaluation to discussions and negotiations with the employer. Our lawyers are also in the position to file claims with the labour courts and represent our clients in court proceedings.
What makes our law firm special?
Dr. Dwyer Legal law firm, located in the heart of Munich, specialises in supporting international clients living in Germany or abroad with their legal affairs.
- Our highly qualified legal team has several years experience working in English and Italian, enabling us to provide optimal legal advice and support for non-German speakers.
- Our lawyers are able to communicate, correspond, and assist our clients with setting up documents and contracts in these languages.
Please click here for more information on our services, fee structure, and team.