We look forward to hearing from you. The best way to contact us is by phone or e-mail.
Contact
RA Benjamin Schreiber
Leonrodstr. 54
D-80636 Munich
(Click for view on Google Maps)
We look forward to hearing from you. The best way to contact us is by phone or e-mail.
RA Benjamin Schreiber
Leonrodstr. 54
D-80636 Munich
(Click for view on Google Maps)
In today's fast-moving world, a secure job is the basis of any personal life plan. The sudden loss of a job usually has far-reaching social, financial and personal consequences. You should therefore have a cancellation or warning letter from your employer checked immediately by a lawyer. Labour law in Germany offers employees far-reaching protection against unjustified or hasty dismissal, warnings and bullying. You do not have to simply accept a cancellation and you have numerous legal avenues to defend yourself against it. However, without a professionally experienced cancellation lawyer, you will generally not be able to fully utilise these means.
What can I do for you as a lawyer in the event of a cancellation? As a lawyer specialising in employment law, dismissals and protection against cancellation in Munich, I can provide you with a detailed initial consultation to give you an initial assessment of the legitimacy of the cancellation in question, explain a detailed further course of action and inform you about the possible risks and costs involved. Receiving notice of cancellation is always a big shock at first - and of course you may initially shy away from incurring legal costs in the run-up to the threat of losing your job - but especially in German labour law, you have many ways to reach an out-of-court settlement with your employer and to take advantage of all the options offered by the protection against dismissal. I am also currently training to become a specialist lawyer for labour law in Munich.
Contact us for legal advice/initial consultation - in person, phone, video call.
If you wish to defend yourself against a cancellation by your employer, you must file a complaint with the labour court within 3 weeks of receiving the dismissal notice. So don't lose valuable time in the event of a dismissal, but secure your rights as an employee.
Possible reasons for a notice of termination are very diverse and also very individual. In legal practice, however, the same or similar reasons for cancellation are of course repeatedly encountered:
The fear of being made redundant at work can be stressful for any employee. Uncertainty about your professional future and the fear of being made redundant can cause considerable psychological strain. Stress, anxiety, psychosomatic complaints, restlessness - this not only puts a strain on work, but of course also on private life. Laws and regulations should help to ensure that no employee loses their financial basis from here and now. Dismissals cannot therefore be arbitrary or unjustified. However, it is important that you know your rights and act accordingly.
1. knowledge of the legal situation - Anyone can find out about labour law provisions for themselves. In Germany, for example, the Dismissal Protection Act regulates the conditions and procedures for dismissals. The Dismissal Protection Act protects employees from unjustified dismissal and stipulates when and under what circumstances a dismissal is legal.
2. fixed-term employment contract and permanent contract - With an open-ended permanent contract, the employee enjoys more protection against dismissal than employees with fixed-term contracts. Fixed-term contracts usually have fixed expiry dates. With an open-ended contract, the employer needs a valid reason to be able to give notice of termination.
3. contract conditions - The conditions set out in the employment contract are of course also binding for employers. You should therefore take the trouble to read and understand your employment contract in full. Specialist knowledge should be consulted if anything is unclear.
4. reasons for dismissal - Justified reasons for dismissal are of course not easy legal terrain, but there are already enough judicial decisions on countless topics. Even simple online research can help you to find out whether certain grounds for termination are clear-cut or not. If there are justified doubts about their validity, legal assistance is recommended in any case.
5. works councils and trade unions - Good first points of contact are of course also the official employee representatives, whether in your own branch or even in your own company. Works councils usually take a lot of time to record and clarify problems relating to cancellations and often already have a great deal of legal expertise.
6. legal assistance - If the impression is reinforced that a dismissal may not be legal or there are considerable doubts about its effectiveness, there is usually no getting around the help of an experienced lawyer. A lawyer will not only provide advice, but will also help you to exonerate yourself. Even if a dismissal cannot always be cancelled, a lawyer will always help to make the transition as smooth as possible. They can negotiate special conditions or severance payments so that financial security is still guaranteed for the time being.
In difficult economic times, such as those we are currently experiencing due to the coronavirus pandemic, the war in Ukraine, the global supply chain crisis and the effects of the energy transition, a good and secure job is particularly important and a termination can lead to major problems. Seek advice from an experienced termination lawyer and don't waste valuable time that could jeopardise your financial foundation. The chances of taking legal action against a dismissal in Germany are generally not bad at all. It is important to act quickly and in a goal-orientated manner in order to be able to cushion the possible effects of a dismissal.
What can you expect from an experienced dismissal lawyer? In the event of a dismissal, Mr Schreiber can help you either to keep your current job (e.g. in the case of unjustified dismissals) or to negotiate sufficient severance pay for you, which can provide you with economic security at least in the medium term. You can expect a quick initial assessment of your dismissal case from me and thus an early assessment of your chances. I will be happy to advise you on all other questions relating to dismissal and protection against cancellation.
Ordinary notice of termination is characterised by the fact that it is given
within the prescribed notice periods. This usually results from collective agreements, the employment contract
or works agreements.
Cancellations for operational reasons are usually for reasons such as job cuts or the relocation of workplaces.
Cancellations for behavioural reasons, on the other hand, are directly attributable to the behaviour
(misconduct) of the employee. Finally, dismissals for personal reasons include cases in which the employee
is no longer able to carry out the work they are required to do due to illness.
Protection against dismissal is intended to prevent employees from suffering too great a disadvantage as a result of their relationship with their employer. In Germany, an employee generally has general protection against dismissal after 6 months of service (more than 10 employees), which prevents ordinary dismissal. Pregnant women, disabled persons and members of the works council, on the other hand, enjoy increased protection against dismissal.
Even a warning may be sufficient for the employer to issue a termination notice in the event of a repeat offence. It is therefore particularly important to take legal action against unjustified warnings.
Expertise is not about holding titles - it is about constant, professionally correct, practical work over many years.
Every case is different - as a lawyer, every case requires its own individual approach in order to do justice to the subject matter and the client.
Legal standards alone do not solve cases - efficient communication between lawyer and client, but also with the opposing party, ensures real results.
Serving various areas of law with specialised lawyers to represent personal and economic interests.
We stand for personal advice, constant availability and professional expertise in cancellation law in Munich.
+49 (89) / 139 284 10