LABOUR LAW IN GERMANY AND IN BERLIN

The LAW FIRM Trülzsch will defend you in case of termination of labour contract.

In case of termination of your labour contract in Germany, you only have a time frame of 3 weeks to go to the German Labour Court 
since receiving the notice of termination. Otherwise the labour contract will be finally terminated and will become legally binding. 

The most important document regulating your employment status ist your employment contract. 
Next to this is most important the Union collective Agreements made between employers and the German unions. 

If you received a termination of labour contract, you must go to the Labour Court and file for compensation, which will be granted in most cases. 

The employment contract, however, is regulated by many other rules and regulations. Among these are the following Codes:

• German Constitution (Basic Law), especially Article 9 Paragraph 3, freedom of association

• Civil Code, especially §§ 611 ff., service contract

• Law regulating a general minimum wage – Minimum Wage Act

• Posting of Workers Act

• Dismissal Protection Act

• Works Constitution Act and Personnel Representation Acts (PersVG – public service)

• Collective Bargaining Act

• Co-determination laws (Montan-MitbestG, MitbestG andthirdbG) regulate the participation of employees on the supervisory board

• Partial retirement law

• Trade regulations, in particular §§ 105 ff.

• Commercial Code, especially §§ 59 ff. (assistants and apprentices)

• Part-time and fixed-term employment law

• Science Temporary Contract Act (WissZeitVG)

• Continued Payment of Wages Act

• Federal Vacation Act

• Working Hours Act

• Temporary Employment Act

• Maternity Protection Act and Federal Parental Allowance Act

• Care Leave Act and Family Care Leave Act

• Evidence Act

• Workplace Protection Act

• Youth Labor Protection Act and Child Labor Protection Ordinance

• Vocational Training Act and training regulations for individual professions

• Occupational Safety and Health Act and Workplace Ordinance

• Act on company doctors, safety engineers and other occupational safety specialists (ASiG)

• Occupational Diseases Ordinance

• Fourth Book of the Social Security Code, especially Sections 8, 8a, Marginal Employment

• Ninth Book of the Social Security Code, Law on the Severely Disabled

• General Equal Treatment Act (AGG)

• Act on Employee Inventions together with the Second Ordinance Implementing the Act on Employee Inventions

• Law to combat undeclared work and illegal employment (SchwarzArbG)

• Labor Court Act

• Act on Statistics of Earnings and Labor Costs (Earnings Statistics Act – VerdStatG)

• Criminal Code § 291 (wage usury according to BAG, judgment of March 24, 2004 - 5 AZR 303/03)

• Ordinance on the calculation, payment, forwarding, billing and auditing of the total social security contribution (Contribution Procedure Ordinance - BVV)

• various legal regulations on minimum working conditions for individual industries

• Collective agreements for industries and individual companies made by the Unions

Your employment contract is regulated in § 611a BGB (German Civil Code).

If you think your are in a freelance employment relationship, you still might be obliged to go to the Labour Court
 if you are personally, time wise obliged to follow orders by the employer. So if your work is essentially integrated into the 
employer's work organization regarding content, time duration, daily work hours, duration, location of work, you might be an employee and not a free lancer.

_______________________________

DO YOU HAVE ANY QUESTIONS?

FEEL FREE TO CALL

0049-30-25937690

______________________________