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Labor Law: The 60 Most Important Rights for Employees
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The Employment Law sets the framework for cooperation between employees and employers; it contains numerous obligations for both sides, but also regulates mutual obligations. Labor law is supposed to ensure that the interests of both sides are equally taken into account - but this is precisely where disputes and disagreements regularly arise. In such a case, legal recourse is open and the labor court has to decide. What employees in particular often lack is knowledge of their own rights and regulations from labor law. We have compiled an extensive list with the most important information from labor law - and we also explain what you need to know about the labor court ...
➠ Content: This is what awaits you
➠ Content: This is what awaits you
Basics and points of contention in labor law
It has established itself in linguistic usage, generally from Employment Law to speak. However, this is not a single law, but rather numerous different lawsall of which flow together into labor law. These include ...
- Civil Code (BGB)
- Commercial Code (HGB)
- Working Hours Act (ArbZG)
- Part-time and fixed-term employment law (TzBfG)
- Occupational Safety and Health Act (ArbSchG)
- Federal Vacation Act (BurlG)
- Continued Remuneration Act (EntgFG)
- Minimum Wage Act (MiLoG)
- Trade Regulations (GewO)
- Collective Agreement Act (TVG)
They are correspondingly extensive Regulations, rights and obligationswhich apply to both employees and employers. One focus in labor law is the special protection of the employee. The aim is to prevent employees from being exploited or otherwise badly treated. This special protection results from the unequal position of the two contractual partners.
Employees can easily find themselves financially dependent on their employers because they cannot make a living without their wages. In order to prevent this imbalance from becoming a disadvantage, numerous laws specifically regulate the labor law Worker protection.
Nevertheless, there are always in labor law Points of contention. The reasons for this are different: Unfortunately, the requirements of labor law are not always complied with or employers and employees have different opinions as to whether mutual rights and obligations have been complied with.
Labor law: from warning to certificate
Many employees know their duties because the employer makes them clear again and again, but they lack extensive knowledge of their own rights.
What happens in the event of a warning, warning or termination - and when are they even entitled? Which Leeway are there delays due to traffic jams, rail or pilot strikes? What do you have to look out for in the employment contract and job reference?
The labor court has passed various judgments on all of these (and countless more) questions. We have put together a comprehensive labor law compendium here. You will not only find brief explanations on the respective topic, but also right away Links to extensive and detailed dossiers.
We also provide the alphabetical list regularly updated and expanded…
A to E
The warning is a warning shot by the boss - a kind of yellow card and possibly the preliminary stage to the termination. But which behavior may be warned at all and must look like a warning so that it is legally valid? Answers to these and how best to respond ...
You can find more about the warning HERE.
Warning: The little brother of the warning
If an employer is dissatisfied with the behavior of an employee, there are different ways of reacting to it. In the worst case and with repeated breach of contractual obligations, a termination can be given according to labor law. A much milder means of making the employee aware that his behavior does not correspond to the ideas of the boss is a warning. Read HERE what exactly this counts, what consequences it has and how you as an employee should react to it.
A headhunter or another employer gets in touch and expresses interest in working with us. This is flattering at first and is a confirmation of your own achievements and professional successes. Whether such poaching is even possible depends on the employment contract. A post-contractual non-competition clause can be stipulated here - so that you are not allowed to switch directly to the competition even after leaving a company. Although this is limited in time, it still makes it impossible to change by being enticed away.
You can find out more about poaching HERE.
When terminating a change, the employer is not concerned with killing his employee. Rather, he wants to continue to employ the employee, only on different terms. But you don't have to accept that without complaint ...
You can find out more about canceling changes HERE.
When consumed in moderation (not the glass!), Alcohol is not forbidden in the workplace. However, this does not mean a carte blanche: residual alcohol in the office is just as problematic as in road traffic and can lead to a warning, in the event of repetition even to termination. Furthermore, the boss is entitled to send the employee back home immediately. There is no salary for that day.
You can find out more about alcohol at work HERE.
Everyone has their very own and individual style. One likes it simpler, the other a little more unusual. Sometimes elegant, sometimes casual. In the job it can look different if the employer prescribes certain work clothes. But is that even allowed? In many cases, yes! The employer has the right to issue instructions and can thus also have a say when it comes to the appearance of an employee - especially if they have customer contact or the work clothes and regulations on appearance apply due to safety risks.
You can find more about workwear HERE.
Of course there are jobs in which an occupational accident is more likely than in others, but in principle a small or even larger accident can happen in almost every job. Once tripped, slipped or maybe something falls over and it happens. If it really is an accident at work, the statutory accident insurance takes over. Otherwise the health insurance company can cover the costs. It is important that you report an accident at work to the accident agency.
You can find out more about accidents at work HERE.
There is freedom of contract in Germany. This means that employers are not really bound by rules when drafting an employment contract. Nevertheless, employees should consider some aspects of labor law so that the employment contract applies in court in an emergency. Because as the saying goes: contracts are not made for good times, but for bad ones.
You can find a checklist for the employment contract HERE.
As an employee, you are entitled to a written employment contract. The employer is therefore obliged to give you a signed document of all essential contractual conditions no later than one month after starting work. This must contain: information on the employer, place and duration of employment, salary, description of the activity, working hours, length of vacation, notice periods.
Refusal to work
Anyone who deliberately and consciously opposes the employer's contractual obligations and instructions may have to live with the consequences of such a refusal to work. These can range from a warning to termination and claims for damages. However, not every task that remains unfinished is the same as a criminal refusal to work - and in certain cases it is even your right as an employee to disobey your employer's instructions, for example if they violate a law or if you have to endanger your health.
You can find out more about refusal to work HERE.
The Working Hours Act regulates the maximum duration of daily working hours, breaks and rest periods as well as work on Sundays and public holidays. It says, for example: “The working day of the employee may not exceed eight hours. It can only be extended to up to ten hours if within six calendar months or within 24 weeks an average of eight hours on working days is not exceeded. " Workdays mean the days of the week from Monday to Saturday. This means that a full-time employee may work a maximum of 48 hours a week according to labor law. Working hours may be extended to ten hours at short notice, for example due to seasonal or order-related reasons.
You can find a dossier on the Working Hours Act HERE.
Reduction of working hours: can the employer do that?
How many hours an employee has to work per week is stipulated in the employment contract - and the employer cannot change it unilaterally. For special cases such as short-time work throughout the company, strict labor and social law requirements apply. For example, clauses that would allow a unilateral increase in the minimum working time by more than 25 percent are ineffective. Conversely, contractual clauses that allow a reduction in existing working hours by more than 20 percent are also ineffective. But even 40 hours minus 20 percent equals exactly 32 hours. You can read more about this HERE.
Regardless of whether you are in training or later in your job: the termination agreement is an attractive alternative to dismissal. But only if everything is done correctly and you pay attention to the little hidden pitfalls.
You can find more about the termination agreement HERE.
What to do if you want to commute to work but can't get to the office on time due to the train strike? The so-called Road risk and thus also the risk of being stuck at the home station, is borne by the employee. It only helps to change at your own expense - to a private car or a car pool. If you have an understanding boss, you can of course (!) Ask beforehand whether he or she can work from home. If the boss says no, you unfortunately have to see to it that you arrive at work on time.
You can find out more about rail strikes HERE.
Fixed-term employment contract
The lawmakers originally intended the fixed-term employment contract as an option to enter or return to working life. The employment relationship is concluded for a certain period of time. After that, the job ends without any notice of termination being required. So-called chain time limits are prohibited. According to labor law, a time limit may not last longer than two years and only be extended three times during this period.
You can find more about the time limit HERE.
Anyone who works as a police officer, firefighter, doctor, soldier, pilot, steward or cook is usually obliged to wear work clothing because there is a law, a collective agreement, an operating instruction or a corresponding passage in the employment contract. But the employer also has extensive competencies in other professions when it comes to uniforms, as some notable judgments from labor law prove.
You can find more about work clothing HERE.
Employees are far from being allowed to pass on everything they learn on the job. Technical knowledge, processes, customer data or economic information count as trade secrets and the company has an interest in ensuring that these are protected. Even if the confidentiality is not explicitly regulated in the employment contract, the trade secret applies and you have to be careful with the knowledge. Anyone who divulges company secrets must expect a behavior-related termination and may even be liable for damages. In the worst case, there can even be a jail sentence if the company is maliciously harmed or if the secrets are sold out of self-interest and for financial gain.
You can find more about the trade secret HERE.
The works council represents the interests of the employees. If a company has five employees or more, the workforce can set up a works council. The committee has extensive participation and co-determination rights. Exactly what rights and tasks the works council has, where they are enshrined in law and what you should pay attention to ...
You can find out more about the works council HERE.
A works agreement is concluded between the employer on the one hand and the works council as employee representative on the other. A wide variety of topics and questions relating to work and the workplace can be recorded in it. This can be protection against accidents at work, vacation regulations or applicable working time models. A works agreement can supplement valid employment or collective bargaining agreements.
You can find more about the company agreement HERE.
Applicants can be rejected for many reasons, but not all reasons for rejection are allowed in labor law. In principle, every employer has freedom of choice. But this also has its limits ...
You can find out more about the rejection of applicants HERE.
Social media have become indispensable for applications. Almost everyone today is present on at least one portal such as Xing, LinkedIn or Facebook. Applicants use these not only for professional presentations, but also privately. A tempting wealth of information that bosses, headhunters and recruiters are increasingly using. This is not everybody's right and not always allowed. When and where recruiters can google candidates ...
You can find more about data protection HERE.
From a purely legal point of view, only the address is one of the personal data that an employer may request and save. According to labor law, you do not have to reveal your private telephone or mobile phone number if you do not wish to do so. This is particularly interesting in the event that the boss would like to call you after work. But he may not, after a workload of 8 hours per working day it is over. According to the Working Hours Act, your boss cannot ask for permanent availability. Service emails no longer have to be answered after work
It is becoming increasingly unattractive - in some industries and positions the company car is still a status symbol. In this case, the company pays for the car and the employee can use the car free of charge for business (sometimes also for private) purposes. However, this is considered tax law as a so-called pecuniary advantage and must be taxed by the tax authorities. You can find more details on this in our company car calculator.
You can find more about the company car HERE.
Business trips: is travel time the same as working time?
If you commute to work, the lawyer speaks of Travel times between private apartment and office, he doesn't work. Consequently, the employer does not have to pay for this either, because it is up to the employee how he gets to his place of work.
But the question becomes much more difficult with Business trips. What about the outward and return journey: Do these automatically count as working hours and are therefore to be paid with the salary and added to the daily working time of around eight hours? Or is this considered free time? Good question! But very difficult answer. Here we show you what you need to know about business travel and labor law ...
Quite a few nowadays use stimulants such as amphetamines or inappropriate Ritalin at work. Legal drugs are initially not a reason for dismissal. However, if the funds have effects similar to alcohol, such as a reduction in the ability to react and work performance, employers may be entitled to issue warnings and, under certain circumstances, to terminate the contract. Likewise, the boss could generally prohibit the use of such funds by giving instructions. If the employer has issued such an express prohibition and is violated, there is also at least one warning according to labor law.
You can find more about doping HERE.
Termination of printing
You should actually think that the boss is above things. However, there can be situations in which the manager feels so pressured by their employees that they eventually give in. This is the case when employees, for their part, threaten to lay off or even go out of work if a certain colleague is not dismissed. If this employee is dismissed at the request of others, it is a so-called print termination.The labor court regularly decides in favor of the dismissed, since in many cases the employer does not protect his employees and has therefore only insufficiently fulfilled his duty of care.
You can find more information on the subject of print termination HERE.
Bringing family and work together without jeopardizing individual career opportunities is still difficult for employees. Parental leave was created to enable (expectant) parents to combine both areas of life. The employer must give each employee up to three years off to raise their children and then guarantee the old or a comparable job when they return. In addition, there is state aid for at least one year through parental allowance ...
You can find out more about parental leave HERE.
F to J
If you are released from work by your employer, you are released from your contractual obligations until further notice. In other words: You no longer have to go about your work, but in many cases you are still entitled to your salary - unless you have requested the exemption yourself without having a legal right to it. In such a case, the company can also release you unpaid.
You can find more about the exemption HERE.
Regardless of whether it is a world championship or a European championship: watching football during working hours requires the approval of the boss. If the employee violates obligations from his employment contract, he must expect the yellow card, the warning, or even the red card, the termination.
You can find more about watching football in the office HERE.
Just tweaking your own report card with Photoshop and using a few tricks to help your career get going is not a good idea. The labor court evaluates subsequent manipulations such as the incorporation of company logos, changed content or better grades as falsification of documents. The cheating employee can therefore face fines of several thousand euros.
You can find more information about fake certificates HERE.
The employment contract regulates exactly how high the salary is. But what if the boss is no longer satisfied with the performance of his employee: can he then simply cut his salary?
You can find out more about the salary cut HERE.
What does it actually look like if you make a mistake at work with far-reaching consequences? Usually limited employee liability applies, which means that you do not have to be personally liable for mistakes, as it is assumed that mistakes will happen even with conscientious work. Employers have to take out appropriate insurance for their employees, which of course increases when they are used. Some companies may come up with the idea of including appropriate clauses in their employment contracts - but to no avail. The labor court has declared this to be ineffective.
You can find more about liability HERE.
Illegal employment contract
This also happens: Employees are in a personal predicament and agree to clauses that are clearly illegal. For example, if a company writes in the employment contract that the employee undertakes not to become pregnant in the next three years. The labor court does not consider such regulations or unlimited overtime to be paid as a lump sum.
You can find more about the illegal employment contract HERE.
K to O
notification of illness
Everyone gets sick at some point. And those who are sick no longer belong in the office - the risk of infection for colleagues is too great and the risk for their own health and recovery too great. However, if you are sick and therefore stay at home, you must report your inability to work to your employer - at least by telephone and at the latest when you start work. A medical certificate of incapacity for work is also required on the third calendar day after you have reported sick. At least on this point, labor law is gracious: You don't necessarily have to stay in bed at home ...
You can find out more about reporting sickness HERE.
Sick during the probationary period: Please pay attention to this
If you have just signed the employment contract, a sudden illness during the probationary period is of course particularly inconvenient. After all, your reliability is also put to the test during the trial period - and you have to prove it first. So do you run the risk of being dismissed and thus losing your job if you simply let yourself be called off sick during your probationary period? No - provided you follow these tips.
The child gets sick and has to stay in bed at home. What rights do workers have now? What does labor law say about it? Can one parent just stay at home and stay with the sick child? The good news is: yes, there is a right to it. The bad: It is not unconditional ...
More information here.
For many people, resignation from work is a terrible embarrassment: The termination of the employment contract is a bad mark that one cannot get rid of anytime soon. Nonsense! First you should check whether this is legally effective at all. Because if an employer terminates the employment relationship, he must adhere to certain formalities and notice periods according to labor law. For example, termination without notice is only permitted in exceptional cases. In companies with more than ten employees, a valid reason for termination is always required. And if there is a works council, it usually has to agree.
You can find out more about cancellation HERE.
Termination for operational reasons: reasons and response
In addition to personal and behavior-related dismissal, operational dismissal is the third form of ordinary dismissal with which an employer can terminate the employment relationship. However, a general economic distress of the company or a drop in sales are not enough. For this, the employer must be able to present specific reasons and figures.
Four requirements must be met in order to be entitled to issue an operational dismissal. If even one of the prerequisites does not apply, the operational termination is invalid as a whole. Read more about this here.
Dismissal protection suit
The protection against dismissal in Germany is one of the strongest in the whole world. Every employee can defend himself against being kicked out with an action for protection against dismissal. To do this, however, this must be submitted to the labor court in good time - three weeks after receipt of the notice of termination, labor law says - otherwise the termination will take effect and there is no longer any negotiating position for a severance payment ...
You can find more about the dismissal protection lawsuit HERE.
In Germany, the Continued Remuneration Act applies and thus the so-called continued remuneration in the event of illness. This means that employees receive their salary without any deductions even if they are ill and unable to work. Those who cannot work for health reasons do not have to forego their payment. If certain requirements are met and if the duration of illness does not exceed six weeks, the employer will continue to pay the wages; after the six weeks, the health insurance will pay the so-called sick pay.
You can find out more about sick pay HERE.
Garnishment of wages
If a debtor can no longer pay a creditor's claims, in the worst case scenario, wages can be seized. This process is difficult for the employee for several reasons: On the one hand, the previously secure income is suddenly missing, on the other hand, the employer now also knows about the financial worries. What you should know about garnishment of wages and what salary remains inviolable.
You can find more about garnishment of wages HERE.
freedom of speech
Freedom of expression is a fundamental right. But that does not mean that every statement is legal. At work, for example, there are limits to freedom of expression: for example, when false claims are made that can harm others. The right to freedom of expression also ends where the right to personal honor (Article 5, Paragraph 2 of the Basic Law) begins. In plain language: If the boss gets wind of internal gossip from a third party, the employees concerned are walking on thin ice.
You can find out more about freedom of expression HERE.
A minimum wage of 8.50 euros per hour has applied nationwide since 2015. However, there are exceptions: The minimum wage does not include long-term unemployed people, student interns or students doing a compulsory internship. There are also exceptions in the hairdressing and meat industries. In the case of mini-jobbers on a EUR 450 basis, the minimum wage limits the monthly working hours.
You can find out more about the minimum wage HERE.
Mistakes and mishaps are human. So it can be that you cause damage in your job: You break the work computer or, in the worst case, ruin a device that costs many thousands or tens of thousands of euros. Whether you as an employee are liable for such damage and have to pay the costs depends largely on whether you acted willfully or negligently. In the case of slight negligence, for example because you spilled a drink on your laptop, employee liability can be completely waived. It can get more expensive if it is a matter of moderate or even gross negligence.
You can find more about employee liability HERE.
Bullying has many ugly faces. It is estimated that there are around 1.5 million people in Germany who are bullied on the job. However, it is important to differentiate between systematic (!) Bullying and simple aversion. According to labor law, real bullying includes: continued assault; sexual harassment; Humiliation; Discrimination; baseless degradation of achievement; damning judgments; Isolation - also from company communication; harassing instructions, such as assigning useless or unsolvable tasks; Instructions for disrespectful work to which comparable employees are not subject; objectively unfounded accumulation of work controls; as well as bringing about or maintaining a need for explanation. Superiors who notice this have a duty of care and must stop the bullying.
You can find more about bullying HERE.
In principle, the employer wants to have the full and unrestricted labor of his employees at his disposal. The leisure time is mainly used for recreation. Nevertheless, it can happen that an employee's salary is not enough and he has to earn something. The boss may not simply prohibit gainful secondary employment, but there is still a permit requirement ...
You can find more about secondary employment HERE.
P to T
The employer creates a so-called personnel file for his employees in order to collect information and documents on these employees. Employment references, application documents, employment contracts or documents on social security and taxes can be stored there. In addition, warnings that you have received as an employee are stored, including possible counter notifications. The sensitive data must be protected from prying eyes - however, you yourself have the right to view your personnel files in order to check which documents and information have been collected about you.
You can find more about the personnel file HERE.
Family members of the person in need of care are particularly entitled to care leave. Regular care leave, like family care leave, can be taken for up to six months. During this time, the employee can be released from work in whole or in part to care for his relatives. In special cases, the care period can be extended up to a total of 24 months with a partial leave of absence.
You can find more about nursing leave HERE.
Piercings / tattoos
Body jewelry is socially acceptable today. In the job, however, the employer can stipulate that tattoos and piercings - if this is still possible - are not visibly worn. For example, if you have a tattoo on your forearm, you can be required to wear long-sleeved shirts under labor law. There are even professions where wearing body jewelry and piercings is forbidden for safety reasons.
You can find out more about piercings and tattoos on the job HERE.
If pilots or flight attendants go on strike again, the traveling passengers - despite advance notice - have flight cancellations and considerable delays. So chaos is programmed. What those affected can then do and what labor law claims exist is also partly regulated by labor law.
You can find out more about pilot strikes HERE.
For many, the internship is the start of the job. Companies also know this and sometimes shamelessly exploit it by abusing interns as cheap labor. Most interns do not dare to complain about undemanding tasks or poor pay. For example, internships have to be paid as soon as training or studies are completed, but mandatory internships are not. What rights and obligations still exist.
You can find more about internship rights HERE.
An eternal controversial topic in the job: The smokers go outside to take a break for the cigarette, while non-smokers continue to work. However, smokers are not legally entitled to such a break - a company may even request that the time spent smoking be reworked. However, many employers overlook this possibility. As a non-smoker, you have the right to a smoke-free workplace. Your boss must ensure that you are not exposed to any danger from other people's tobacco smoke - in an emergency, even with partial smoking bans.
You can find more about the smoking break HERE.
The year is up and you haven't used up all of your vacation? Then you shouldn't wait too long so that this remaining vacation time does not expire. In principle, you must have taken it by March 31 of the following year in order not to lose your entitlement. This is to prevent employees from collecting weeks of vacation and then taking them in one go. However, there are exceptions, for example as a goodwill gesture on the part of the employer, who grants a longer period or if the remaining vacation in the first quarter could not be taken because the employer was unable to grant vacation due to illness. In such a case, the vacation can still be taken later.
You can find more about the remaining vacation HERE.
A pseudo-self-employed is someone who is employed and hides his insurance obligation behind a false form of self-employment. So, whether voluntarily or involuntarily, he pretends to be an entrepreneur, but in reality he is just a perfectly normal employee. It is completely irrelevant how the collaboration is described in an employment or fee contract. According to labor law, integration into the company is decisive for the distinction between self-employment and bogus self-employment.
You can find more about bogus self-employment HERE.
Under the employment contract, the employee is obliged to make his labor available to the company for money, and to do so as best as he can. There is talk of poor performance when the performance actually provided falls far short of what would actually be expected. This can be recognized by an accumulation of errors, slow work or even damage to work materials. However, in order to be able to complain as an employer to the labor court, the work performance of the employee must clearly lag behind the performance of his colleagues in terms of quality and quantity.
You can find more about poor performance HERE.
It's actually the most normal thing in the world: women get pregnant. But professional life is often about more than this simple message. On the sub-level, fears, disappointed trust and the compulsion to improvise always resonate. Just the question - “When is the right time to tell my boss that I am pregnant?” Reveals that there are good times for it. And there are obviously bad ones too ...
You can find more about the rights of pregnant women HERE.
Special leave is unpaid leave from work. So you are not allowed to take a leave of absence yourself - the employer must also grant the special leave. However, an obligation to do this can result from a collective agreement, a works agreement or a contractual agreement between an employee and his or her boss - for example in the event of a wedding, death, court appointments or visits to the doctor.
You can find more about special leave HERE.
part time jobs
The desire to switch to part-time work is often great. And even if the boss doesn't like it: There is a right to part-time work under labor law if the employer can arrange it, even a special one during parental leave.The employees with reduced weekly working hours in the company must not be placed in a worse position than full-time employees. There are therefore comparable entitlements to vacation, further training or social benefits.
You can find out more about part-time work HERE.
U to Z
The employment contract regulates the exact weekly working hours. Those who work more work overtime. However, the employer only has to pay for the overtime if the boss has ordered it; Anyone who voluntarily stays in the office longer ends up empty-handed. And only recorded overtime has to be paid, the burden of proof is not always easy. However, the employer must not overdo it: In exceptional cases, the working time may be extended to 10 hours per day - but the average working time of 8 hours must not be exceeded within 6 months. The extra work must therefore be offset by free time.
You can find out more about overtime HERE.
The labor court is particularly strict when it comes to surveillance at the workplace. On the one hand, of course, every employer has a legitimate need to protect their property. But: Not everything is allowed, the employee's personal rights are also protected. Covert camera surveillance? Secret tapping of phone calls? Nothing. Employers are even more worried as soon as they systematically monitor their employees.
You can find out more about monitoring in the workplace HERE.
Regardless of whether it is an Easter vacation, summer vacation, autumn vacation or Christmas vacation - as an employee, vacation must always be requested and approved by the boss. Conversely, in labor law there is also something like a vacation entitlement, which is stipulated in the employment contract. According to the law, every employee is entitled to at least 24 working days of vacation per year. Nevertheless, there are always disputes ...
You can find more about vacation HERE.
As nice as it would be: Unfortunately, there is no entitlement to vacation pay, unless you have a collective or employment contract that regulates the additional payment. However, an employer can also pay vacation pay without entitlement to make his employees happy and to sweeten the days off even more. However, remember that the vacation pay must be taxed in any case. Legally, this is an additional income, which is why you have to pay both income tax and social security contributions on it.
You can find more about vacation pay HERE.
The transfer is sometimes an accolade, but more often a blow in the neck: Not everyone wants to be promoted from Berlin to Gütersloh. Especially when you've just settled in and built a nice nest in your town. But is the employer even allowed to do that? What can you do about a transfer? A labor court always assesses a transfer as inadmissible, for example, if the new position contradicts the previous job profile and employment contract ...
You can find more about the relocation HERE.
Trust working time
Flexible working time models are becoming increasingly important for companies. Trust working hours are one of them. However, it not only brings advantages and rights, but also obligations and, if used incorrectly, even serious problems and disadvantages.
You can find more about trust-based working hours HERE.
Christmas bonus only has to be paid if there is a legal basis for it. This can be an employment contract, a works agreement or a collective agreement, but also a so-called one operational exercise. According to labor law, this always arises when the employer has paid Christmas bonuses for three years in a row. This creates a legal entitlement and the employees can also claim their Christmas bonus in the following years.
You can find more about the Christmas bonus HERE.
If the employment relationship ends, employees are entitled to an employment reference. A qualified job reference that also relates to performance and behavior is regularly required. The formulations must (1.) benevolent and (2.) true and must not be invalidated by any secret codes.
You can find more about the job reference HERE.
Right of retention
What to do if the boss doesn't pay the salary Can you just stay at home and wait until the missing salary is in your account? In this case, the labor lawyer speaks of the so-called Right of retention. And in principle you have the right to withhold work in such cases. However, there are a few points in labor law that you should be aware of ...
You can find out more about the right of retention HERE.
What tasks does the labor court have?
The Labor Court Act (ArbGG) regulates in paragraphs 2 to 5 the jurisdiction of the labor court in civil law disputes between Employers and employees. Furthermore, disputes between employee-like persons (e.g. house traders and freelancers) and their client are negotiated there.
The local jurisdiction always results from the judicial district in which the domicile of the defendant is located. That means: If the defendant employer lives in Frankfurt, the labor court in Frankfurt is responsible.
A labor court has a chamber (partly for specialist areas) as a panel and is made up of one Professional judge and two honorary judges together. One of them represents the interests of the employer and the other those of the employee.
A distinction is made between two procedures at the labor court:
The term “parties” is used here. Disputes between employer and employee as well as the parties to the collective bargaining agreement, i.e. employers' association and trade union, are dealt with. The principle of presentation applies, that is, both parties present the facts, then a judgment is made.
The actors are called "participants". This is where disputes between the works council and the employer are resolved. The labor court clarifies the matter ex officio. The result is a decision.
What is heard in a labor court?
Typical disputes that are heard in a labor court are:
- Existence or non-existence of an employment relationship
- Entitlements to salary, vacation, gratuities
- Effectiveness of warnings, terminations, fixed-term employment contracts and termination agreements
- Issuing of important documents such as income tax cards and other working papers
- Issuing a job reference or correction
By far the most common dismissal suits. If a termination is not legally checked, errors can often be found. The prospects of workers before the labor court successful against termination to complain are quite high.
We have further information on the instances of the labor court and the costs for you in this free PDF available for download.
What other readers have read
Anja Rassek studied, among other things, German language and literature at the WWU in Münster. She worked for community radio and a publisher. Here she devotes herself to topics related to the office, everyday work and studies.
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