Nowadays, severance pay negotiations with your employer should not be conducted without suitable legal advice - German labour law is too complicated for you as a departing employee to keep track of everything. Today, employees - but also senior executives or managing directors - can achieve high severance settlements or severance agreements in severance negotiations if they receive the appropriate negotiation strategies and are properly advised by a lawyer.
Accordingly, it is also worthwhile for the employer to obtain good legal advice during severance negotiations. The costs and expenses of an unenforced dismissal often do not become apparent immediately, but only over time - and it is these that determine the amount of a severance payment. In addition to this advisory work, it is above all the organisational activities (preparation and review of documents) as well as the time and psychological relief during the negotiations that make the use of an experienced lawyer sensible.
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As a lawyer specialising in employment law / labour law and severance negotiations in Munich, I can first provide you with a solid assessment of the options for upcoming severance negotiations in a detailed and in-depth initial consultation. The extent to which a severance payment is possible, how the amount of the severance payment can be maximised and the resulting questions regarding the tax relevance of severance payments received will be examined. A dismissal / cancellation is certainly always a big shock and a cut in professional life at first, but especially in German labour law there are many ways and means to reach an out-of-court settlement with the employer through severance negotiations.
Severance pay is defined as a one-off payment made by an employer to an employee when an employment relationship is terminated. It is intended as compensation for the loss of employment.
There is no legal entitlement to severance pay, nor is the employer obliged to pay severance pay. In order to be entitled to a severance payment, this must be regulated somewhere. These regulations can usually be found in collective agreements, social plans, management agreements or individually negotiated employment contracts. Employers have the option of offering severance pay in order to agree with the employee that they will not utilise the protection against dismissal.
Indirectly. Employers often agree to voluntary severance payments by filing or threatening to file a lawsuit in order to avoid a legal dispute. An experienced lawyer for labour law can advise you here.
Regardless of whether they work for the employer or the employee, a lawyer can provide valuable services during severance negotiations. It's not just about negotiating a "good" severance payment for each side, but also about the entire legal assessment of a case, any necessary legal representation, as well as the drafting and review of all associated documents. Finally, the psychological relief provided by legal representation should not be underestimated, as severance negotiations are often preceded by a personal rift between the parties.
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.
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