Christian Weber and Raphael Daum, LABOUR LAW Karlsruhe, Mannheim and Frankfurt
Attorneys-at-Law and Specialised Lawyer for Employment Law
Important Information!
Termination / Notice / Dismissal (Kündigung)
The German law provides a high level of social protection for unlawful dismissal.
However, usually your rights have to be claimed within a short time limit.
If you have received a Notice of Termination (Letter of Dismissal, Kündigung) you should call for the advice of a qualified lawyer as soon as possible.
Almost all complaints for unlawfull/wrongfull dismissal (Kündigungschutzklage) must be filled to the Labour Court within three weeks.
This time limit starts on the day after the day on which you have received the termination letter.
Example:
An Employee who is working in Frankfurt receives the letter of termination on Monday, March 2nd.
This is the notice day. The time limit (3 weeks) ends on Monday, March 23rd, at 24.00 hrs.
If this period fails the dismissal (Kündigung) becomes legally effective (unless it can be proven that
plaintiff was not able
to respond in time for reasons which are easy to comprehend).
Even if you do not want to bring an action to court you should ask for the advice of a qualified
lawyer immediately:
Once the 3-weeks-time limit is over even "friendly" negotiations or bargaining
with your employer will probably be in vain.
Rights and benefits
How to keep your rights in case of termination
Closely related to the termination of your employment contract are questions like:
- Does the notice of termination meet the relevant termination period (cancellation period, notice period, term of notice)?
- Is it possible to keep the company car, mobile phone, or laptop (etc) until the end of the termination period?
- Is it rightful to be released from work (Freistellung), do you keep your salary?
- What about your holiday entitlement?
- What about overtime and overtime payment?
- How to keep you right to bonus or gratification payment and variable remuneration?
- What will happen with your company pension fund?
- How to claim a favourable employment's reference?
Unemployment benefits
Even if you do not accept the dismissal you should register as seeking employment (Arbeitssuchend-Meldung) within three working days after receiving the letter of dismissal (or, if the termination period is more than three months, at least three months before the end of termination period) at the Bundesarbeitsagentur.
Please note that there can be a period of exclusion from benefits of one week if you do not – as explained above – register
as seeking employment with an Employment Agency.
*) Also known as: Industrial Court, Labor Court, Employment Tribunal
Main areas of activity
Expertise in Labour Law
We provide support and legal advice on labour and employment matters.
Main Focus:
- Advice and Reviewing of employment contracts
- Negotiating and Drafting of employments contracts
- Claims of salary, gratification payment and variable remuneration, bonus
- Company car
- Holiday entitlement
- Overtime and overtime payment
- Company pension fund
- Employment's reference
- "Mobbing", "Bossing"
- How to react to a Disciplinary warning letter (Abmahnung)
- Advice of employees in case of termination of employment contracts (notice, dismissal, termination, Kündigung)
- Reviewing of termination agreements (Aufhebungsvertrag, Auflösungsvertrag, Abwicklungsvertrag)
- Litigation and proceedings in Court (Gerichtsverfahren, Kündigungschutz, Klagen)
- Legal action for dismissal protection
- Negotiation of dismissal wages and compensation (Abfindung)
Personal Information
Qualification
Mr. Christian Weber is since his admission to the bar association in 2000 focused on Labour and Employment Law.
He is a fully qualified lawyer under German law with the additional admission as a Certified Specialised Lawyer for Labour and Employment Law* (Fachanwalt).
This requires a long-standing practical expertise as well as particular theoretical knowledge.
Furthermore, Mr. Weber is regularly participating in specialised seminaries for which the German Bar Association
has granted him Certificate for Continued Training Qualification.
Languages: German and English
Associations and Memberships: German Bar Association
Admission: Germany (2000)
Education: University of Berlin (FU), University of Heidelberg (1. State Exam), Uppsala Universitet (Sweden, LL.M.), Training at UNHCR (High Commissioner for Refugees in Ankara, Turkey), Higher Court of Heidelberg (2. State Exam), Associate (2000) and Partner (2002-2014) at Philipp, Sudmann & Schendel – Attorneys Mannheim.
*) Also known as: Certified Expert Attorney in the field of Labor Law, Specialised Lawyer for industrial law,
Certified lawyer for employment law, Attorney Specializing in Labor Law
Mr. Raphael Daum is a fully qualified lawyer for German law. He holds the title of Master of Laws in Labour Law.
Mr. Daum has been working exclusively in employment law since the beginning of his law practice. He specializes in advising employees all situations of redundancy and proceedings against wrongful dismissal (Kündigungsschutzverfahren).
Languages: German and Englisch
Associations and Membership: German Bar Association
Education: University of Heidelberg (1. State Exam), Berliner Corcoran & Rowe LLP, Washington D.C.; Higher Court of Bochum (2. State Exam); Associate at Friedrich Graf von Westphalen & Partner, Attorneys, Cologne.
Contact Information
If you are looking for advice in matters concerning your employment relationship (Arbeitsverhältnis)
as well as the termination of your employment status please call me first:
within Germany: 0621/167 700 70
from abroad: +49 621/167 700 70
Usually you will speak to Mr. Weber directly to clear the background of your request.
How to find us
Our law offices are located
in Frankfurt: Gutleutstraße 169-171, 60327 Frankfurt am Main, Hessen, Germany
in the "Gutleutviertel" near the main station. Map | more details.
in Mannheim: Sophienstr. 17, 68165 Mannheim, Baden-Württemberg, Germany
near the city center at the ‚Luisenpark' in the district ‚Oststadt'. Map | more details.
in Karlsruhe: Karlstraße 126, 76137 Karlsruhe, Baden-Württemberg, Germany
near the main station at the Kolping Platz. Map | more details.