The subject area of labour law
Labour law is one of the most important and at the same time most extensive areas of law in Germany. Furthermore, it is one of the legal topics where it is difficult to achieve your goals and wishes without a labour law lawyer. There are many reasons for this. Although labour law in Germany is traditionally very employee-friendly, its sheer scope and frequent changes make it difficult to keep track of. Political changes and the associated promises to the respective electorate have turned labour law into such a complex body of legislation that it is very difficult to maintain an overview without specialisation.
In addition to the traditional focal points of dismissal and protection against unfair dismissal, many new areas of responsibility have opened up or expanded considerably in our day-to-day work in recent years. Bullying and discrimination are the most important of these, but issues relating to partial retirement and warnings are also on the rise. The increasing polarisation of society is also directly reflected in the workplace and leads to problems that were previously unknown in employment law.
WHY IS LABOUR LAW SO IMPORTANT?
Loss of employment and income practically always have drastic consequences for the individual. In a modern country like Germany, everyday life and individual plans for the future are closely linked to the workplace. Hardly anyone can therefore afford to simply lose their job without utilising all possible legal remedies. The same also applies to entrepreneurs. Increasing pressure, especially since the start of the coronavirus pandemic, has made it an existential issue for companies to be able to react quickly to changing conditions. Without a lawyer in labour law, however, this is hardly possible anymore due to the legal remedies available.
The law firm Rechtsanwalt Schreiber supports entrepreneurs and private individuals in a variety of legal areas with a focus on labour law, corporate law and civil law. Only experienced and forward-looking legal advice in labour law makes it possible to exploit the legal possibilities in labour law without running into economic and competitive problems.
TYPICAL TASKS IN LABOUR LAW
For entrepreneurs and employees, the employment contract is the decisive interface in labour law. Imprecise and not fully legally compliant contracts inevitably mean future problems - for the company as well as the employees. Comprehensive and detailed employment contracts are therefore not usually an expression of the employees being bullied or even exploited, but a clear sign that an attempt is being made to prevent possible disputes. Because only something that is unclear or vague can cause misunderstandings. What applies to the entrepreneur - safeguarding his economic activity through the most professional and long-term orientated employment possible - also applies to the employee himself. Having employment contracts checked by a lawyer in advance practically always pays off and ensures long-term security.
In addition to the topic of employment contracts, there are of course many other important topics that make up our work as lawyers in labour law.
- Termination, protection against dismissal, termination without notice
- Cancellation and settlement agreements, settlement agreement
- Warnings by the employer
- Default of payment by employer
- Transfer of business, sale of business, closure of business
- Training, training contract, probationary period
- Reconciliation of interests / social plan
- Representation at the integration office for severely disabled employees
- Drafting and interpretation of collective agreements, participation in collective bargaining
- Incapacity for work, occupational disability
- Partial retirement
- Testimonial action
"New" topics in labour law
While there is a wealth of legal literature and countless court rulings to fall back on for traditional labour law topics, there are also some new developments for which there is still a lack of experience. From a legal perspective, these still very often represent a kind of uncharted territory, even though they have such a strong influence on social discourse. Discrimination and bullying are such current topics that are increasingly landing on our desks. The difficulties as a lawyer in labour law in these cases are usually conflicting statements and attitudes of the parties involved, the problem of a truly independent and objective assessment free of emotional states, but also the sheer range of possible acts of discrimination.
TYPES OF DISCRIMINATION AND BULLYING
- Discrimination based on origin or descent (skin colour, nationality, language, ethnic origin, birth)
- Discrimination on the basis of sexual identity
- Discrimination on the basis of age or physical disability
- Discrimination on the basis of religion, belief and ideology
- Discrimination on the basis of gender or gender identity
- Discrimination based on political beliefs
- Discrimination based on social origin and wealth
- Discrimination based on genetic characteristics
As discrimination can affect anyone in principle, but only a few specific grounds currently dominate the discussion, there is a fundamental lack of general guidelines and specifications. This makes strategies and procedures in individual cases extremely complex and time-consuming.
Your labour law lawyer in Munich - RA Schreiber
With many years of experience in labour law and a background in business administration, we are also your competent partner in all matters relating to work and employment. We fight to enforce your rights as an employee, but also provide professional advice to companies to minimise the potential for conflict in the workplace or in the event of separation. We would be happy to advise you personally on our services as an employment lawyer.