Beste Einstellung & Entlassung Anwälte in Berlin

1. About Einstellung & Entlassung Law in Berlin, Deutschland

Einstellung and Entlassung refer to hiring and terminating employees under German law. In Berlin, as in the rest of Germany, the framework is primarily federal, with state practice shaping how laws are applied in courts and workplaces. The core rules cover probation periods, notice periods, and protections against unfair dismissal.

Key statutes regulate when a dismissal is valid and how employees can respond. The Kündigungsschutzgesetz (KSchG) provides protection for non-probationary employees in larger workplaces, while the BGB (Bürgerliches Gesetzbuch) details general contract rights, including notice periods in § 622. The Betriebsverfassungsgesetz (BetrVG) governs the involvement of works councils in terminations, which is common in Berlin’s larger companies. Berlin employers and employees should also consider protections under the Mutterschutzgesetz (MuSchG) and the Allgemeines Gleichbehandlungsgesetz (AGG) when relevant.

In Berlin, practical issues often involve interaction with works councils, temporary staffing rules, and sectoral agreements. Although Berlin does not modify federal law, local court practice and employer-employee bargaining can shape outcomes in disputes about hiring or dismissal.

Useful context: employment disputes in Berlin are typically resolved first through internal HR processes, then through negotiation, and finally in court if needed. Understanding the sequence and deadlines is essential for protecting rights and mounting an effective challenge or defense. For general guidance on international and European perspectives on dismissal protections, see authoritative resources from international bodies.

“KSchG applies to establishments with at least 10 employees and to employees with at least six months of tenure.”

For additional context on international and European perspectives on dismissal protections, see sources from recognized organizations such as the International Labour Organization (ILO) and the Organisation for Economic Co-operation and Development (OECD.

Sources: ILO, OECD

2. Why You May Need a Lawyer

Hire a lawyer to navigate complex dismissal scenarios or to protect rights that may not be obvious from a standard employment contract. Berlin workplaces often involve multiple stakeholders, such as works councils, HR, and union representatives, which can influence the process.

Concrete scenarios where legal guidance is important include the following:

• A dismissal that may violate mutual protection rules, such as terminating a pregnant employee or someone on parental leave, where MuSchG protections apply.
• A termination during the probationary period in a Berlin company, where the rules for notice and justification can differ from post-probation cases.
• A proposed socially unjust termination or a decision requiring Sozialauswahl (social selection) in a Berlin works council setting, especially for longer-tenured staff or larger plants.
• A disagreement over whether a termination is ordinary or for cause (fristlose Kündigung), and whether there is sufficient evidence to justify immediate dismissal.
• Negotiating an Aufhebungsvertrag (termination agreement) with severance terms, while avoiding future claims or negative references.
• Discrimination or harassment claims tied to dismissal, including potential violations of AGG provisions, requiring careful evidence collection and strategy.

A Berlin employment lawyer can help with strategy, evidence gathering, and communications with the employer. They can also explain procedural deadlines, such as when to file a Kündigungsschutzklage with the Labor Court, and how to prepare for negotiations or hearings.

3. Local Laws Overview

The following laws govern Einstellung and Entlassung in Germany, including Berlin. They set the framework for when terminations are allowed, how protections apply, and what processes must be followed.

• Kündigungsschutzgesetz (KSchG) - Provides protection against unfair dismissal for employees in establishments with at least 10 regular employees and who have six months of tenure. It requires a legally justified reason for termination and adherence to notice periods beyond the probationary phase.
• Betriebsverfassungsgesetz (BetrVG) - Regulates works councils and their involvement in termination decisions. If a works council exists, it must be consulted before certain terminations, and social considerations may apply during selection for dismissal.
• Mutterschutzgesetz (MuSchG) - Prohibits dismissal of pregnant employees and provides protections around maternity leave and continued employment on return from leave, with specific timelines and reporting requirements.

Notes on how these laws apply in Berlin: federal rules govern substance and procedure, but Berlin employers frequently operate under local practices, including works council expectations and district-level enforcement through the Labor Courts (Arbeitsgericht Berlin). For definitions of notice periods and specific rights, review the relevant sections of the BGB and KSchG in consultation with a lawyer.

Recent trends in Berlin include greater attention to works council involvement and social considerations in mass redundancies, particularly in industries with a strong Berlin presence such as tech startups and public services. To understand how these laws interact in Berlin, an attorney can review your contract, company size, and any applicable collective agreements.

Sources: ILO, OECD, FRA

4. Frequently Asked Questions

What is the basic difference between an ordinary termination and a termination for cause?

An ordinary termination ends the employment with proper notice for business reasons or performance concerns. A termination for cause is immediate and usually requires severe misconduct or a serious breach of duty, with evidence typically reviewed before a decision is made.

How do I challenge a dismissal at the Berlin Labor Court?

In Berlin, file a Kündigungsschutzklage at the local Arbeitsgericht within three weeks of receiving the dismissal. A lawyer can help prepare your case, gather evidence, and represent you at court and any settlement negotiations.

When is a probationary period termination allowed in Berlin?

During the probationary period, typically up to six months, terminations may occur with shorter notice and less justification, but some protections still apply and a lawyer can assess risks based on your contract and circumstances.

How long is the standard notice period after probation in Berlin?

From the end of the probationary period, notice periods generally follow the statutory scales in § 622 BGB, which increase with tenure. Both sides are bound by these periods unless otherwise agreed in writing.

Do I need a lawyer to challenge a dismissal in Berlin?

While you can attempt to handle a dispute yourself, an attorney helps ensure proper timing, evidence collection, and procedural compliance. A lawyer also helps in settlement negotiations and court representation.

Can a pregnant employee be dismissed in Berlin?

Dismissals during pregnancy are generally prohibited under MuSchG, with limited exceptions. A lawyer can assess timing, rights, and potential remedies if an employer attempts such a dismissal.

How much does it cost to hire a lawyer for a Kündigung dispute?

Costs vary by case complexity and representation level. In Germany, lawyers bill under the RVG framework or by hourly rates, and court costs depend on the case value and stage of litigation.

How long does a dismissal dispute process typically take in Berlin?

Outcomes vary widely. Initial negotiations may occur within weeks, while court hearings can extend several months, depending on court calendars and complexity of issues like discrimination or social selection.

Do I need to prove discrimination to challenge a termination?

Not always, but proving discrimination improves chances in a social and legal assessment. AGG protections apply to protected classes, and evidence can include communications, performance records, and witness statements.

What is the difference between a Kündigung and an Aufhebungsvertrag in Berlin?

A Kündigung is a formal termination by one party with notice, while an Aufhebungsvertrag is a mutual termination agreement, often with negotiated severance and terms. A lawyer can help you protect earnings and references in either scenario.

Is there a role for a Betriebsrat in a dismissal?

Yes, if a works council exists, it must be consulted in many termination situations, and it can influence which employees are selected for dismissal under social criteria. This process occurs before the employer issues a dismissal notice in many cases.

5. Additional Resources

Use these official and authoritative resources to learn more about employment protections and dismissal practices that affect Berlin employees and employers:

• ILO - International Labour Organization - Provides global standards and guidance on fair dismissal practices and rights at work. https://www.ilo.org
• OECD - Employment and Labor Market Policy - Offers analysis on labor market regulations, including dismissal protections and social policy. https://www.oecd.org
• European Union Agency for Fundamental Rights (FRA) - Contains materials on equal treatment, non-discrimination, and the rights of workers in the EU, including Berlin-based employees. https://fra.europa.eu

6. Next Steps

1. Clarify your objective and collect all relevant documents, including the termination letter, contract, and any performance records. This helps your lawyer assess the strongest grounds for action or defense.
2. Consult a Berlin employment lawyer to review the dismissal, timeline, and potential remedies such as reinstatement, compensation, or a negotiated settlement.
3. Identify the appropriate procedural step, typically filing a Kündigungsschutzklage with the local Arbeitsgericht within three weeks of service of the dismissal.
4. Prepare evidence and witness statements with your lawyer, focusing on any illegal motives, unfair procedures, or violations of MuSchG or AGG as applicable.
5. Engage in settlement negotiations or mediation as needed to resolve the dispute without a lengthy court process, while protecting your financial and professional interests.
6. Monitor deadlines and comply with court scheduling orders to avoid forfeiting claims or defenses due to delays.