Employment Law & Public Service Law
Our law firm advises and represents both employers and employees in individual and collective employment law, including public service law. Due to many years of emphasis in professional practice, our labor and public service law department has the necessary experience and competence which the handling of employment mandates requires.
The range of services covers all aspects of individual employment law, collective employment law and employee social security law.
The individual employment law covers exclusively the individual employment relationship. There may be a need for legal assistance on the part of the employer as well as on the part of the employee in all phases of the employment relationship from its establishment to its termination as well as in the settlement of a terminated employment relationship. Therefore, our consulting spectrum ranges from the correct conduct of an interview, the drafting of employment contracts, clarification of questions regarding vacation entitlements, overtime, illness, pregnancy, parental leave, partial retirement, employee liability, etc. to the preparation of a termination of the employment relationship by means of a warning and, finally, the termination itself by means of notice or the conclusion of a termination agreement.
It is also not uncommon for legal support to be required in connection with the settlement of terminated employment relationships, in particular in connection with the preparation of the employer’s reference. Employers usually have a particular need for advice in connection with the organization of a transfer of holdings or a mass dismissal or the social selection to be made in the case of dismissals for operational reasons. However, affected employees also frequently want to seek advice in this situation.
Before the labor courts, which have exclusive jurisdiction over most disputes between employees and employers, we represent you both in the conciliation hearing and in the chamber hearing. Since the vast majority of disputes before the labor courts are already settled in the conciliation hearing, it is advisable to have professional representation in this stage of the process. Particularly in dismissal protection proceedings, the amount of social compensation that can be obtained for the loss of a job depends to a large extent on the negotiating skills of the parties and their legal representatives. If a satisfactory agreement cannot be reached, we will prepare the pleadings necessary for you to fulfill your procedural obligations and to protect your rights in the proceedings, and we will represent you in the chamber hearing. Since the unsuccessful party in the Labor Court of first Instance does not have to reimburse the legal costs incurred by the opposing party, the litigation risk before the labor court always remains manageable.
Unlike individual labor law, collective labor law deals with the legal relationships between the employer and its representative bodies and the representative bodies of the employees (trade unions and works/staff councils). Collective bargaining agreements and works agreements are important instruments of collective labor law.
In many employment law disputes, social security law issues must be taken into account, such as, in particular, the receipt of unemployment benefits or the structuring of the transition from working life to retirement with pension benefits. Professional support of the persons concerned requires that the lawyer also keeps these aspects in mind. You can rely on this in our advice.
If the employment relationship is in the public sector, advice and representation must take into account the special features arising from the law on public collective bargaining agreements (TVÖD, TV-L), the law on staff representation and the law on competitor actions.