Best Employment Benefits & Executive Compensation Lawyers in Aurich

About Employment Benefits & Executive Compensation Law in Aurich, Germany

Employment benefits and executive compensation in Aurich are governed by German national law, supplemented by collective agreements and company-level arrangements. Employers typically provide a mix of statutory benefits - such as social security, statutory pension insurance, health insurance and continued pay for illness - plus additional employer-provided benefits like company pensions, bonus plans, fringe benefits and special executive packages. Local practices in Aurich follow the rules that apply across Lower Saxony and Germany, but specifics can vary by industry, company size and whether a collective agreement or works council is in place.

Why You May Need a Lawyer

Employment benefits and executive compensation can be legally complex and fact sensitive. You may need a lawyer if you face any of the following situations:

- You receive or dispute a termination - especially if a severance payment, pension entitlement or long-term incentive is involved.

- Your employer alters or reduces contractual benefits or a company pension plan, and you need to understand vested rights and protections.

- You are negotiating an executive contract, compensation package or change-of-control provisions and want to secure pay, benefits, clawback and non-compete terms.

- You have a dispute over bonus payment, deferred compensation, stock options or equity grants.

- You are seeking recovery of unpaid wages, holiday pay, sick-pay top-ups or pension contributions.

- You suspect discrimination in benefits or unequal treatment that affects leave, bonuses or promotions.

- You need help filing a claim at the local labor court or want to explore settlement and mediation options.

Local Laws Overview

Key legal frameworks that are particularly relevant in Aurich include:

- Civil and employment contract law - Contracts are primarily governed by the German Civil Code (Buergerliches Gesetzbuch - BGB). Individual employment terms are set by contract, subject to mandatory statutory rules.

- Dismissal protection - The Protection Against Dismissal Act (Kundigungsschutzgesetz - KSchG) applies to many employees in companies above a certain size and limits unfair dismissal. There is a strict three-week deadline from receipt of a dismissal to file a claim with the local labor court.

- Works councils and collective bargaining - The Works Constitution Act (Betriebsverfassungsgesetz - BetrVG) sets out participation rights for works councils. Collective agreements (Tarifvertraege) can define pay scales, pensions and benefits for covered employees.

- Occupational pensions - The Company Pensions Act (Betriebsrentengesetz - BetrAVG) governs employer obligations, vesting, insolvency protection and information duties regarding company pensions - including direct commitments, pension funds, pension schemes and pension insurance.

- Social security and statutory benefits - Social insurance is regulated by the Social Code (Sozialgesetzbuch - SGB) and includes statutory pension insurance, health insurance, unemployment insurance and long-term care insurance. Eligibility and contribution rules affect net compensation and employer cost.

- Taxation of benefits - The Income Tax Act (Einkommensteuergesetz - EStG) determines the tax treatment of cash pay, fringe benefits, company cars, stock options and pension income. Some benefit forms have special tax rules or preferential treatment.

- Equal treatment and family-related rights - The General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG), the Maternity Protection Act (Mutterschutzgesetz - MuSchG) and the Federal Parental Allowance and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz - BEEG) protect employees from discrimination and guarantee leave rights.

- Fixed-term and part-time work - The Part-Time and Fixed-Term Employment Act (Teilzeit- und Befristungsgesetz - TzBfG) regulates permissible fixed-term contracts and part-time work, which can affect benefit accrual and eligibility.

- Court structure and time limits - Employment disputes are heard in the local labor courts (Arbeitsgericht) as first instance, with appeals to the Landesarbeitsgericht and Bundesarbeitsgericht. Statutory limitation periods apply - for example, most monetary claims are subject to a three-year limitation period.

Frequently Asked Questions

Am I entitled to a company pension if my employer set one up for staff?

It depends on the plan terms and the type of pension scheme. Under the Company Pensions Act (BetrAVG), employees generally acquire rights over time and some protection applies on employer insolvency. Check the pension plan documents to see vesting rules, contribution obligations and how benefits are calculated.

Can my employer cut or change my benefits during employment?

Employers can change benefits only if the employment contract, plan rules or a collective agreement allow it, or if you agree to the change. Changes that breach contractual commitments or statutory protections may be challengeable. Significant changes are often subject to works council consultation if a works council exists.

What should I do if my bonus or long-term incentive is not paid?

First, review the written bonus policy, contract provisions and any performance targets. Document communications and keep evidence of entitlement. If the employer refuses payment, you can seek legal advice and consider filing a claim in the labor court - monetary claims are usually subject to a three-year limitation.

How are stock options or restricted stock taxed in Germany?

Taxation depends on the form of the award and timing. Many equity awards are taxed as employment income when they vest or when they are exercised/sold. Special rules can apply for deferred taxation in some cases. Social security contributions may also apply. Seek tax and legal advice to understand the specific consequences.

What notice period applies to termination of an executive's contract?

Notice periods can be set by contract and may be longer for executives than the statutory minima. The statutory notice periods under the BGB provide minimums, and the Protection Against Dismissal Act may apply. Always check your written contract and seek advice if you receive a termination.

Can I challenge a dismissal - and what deadlines apply?

Yes, you can challenge a dismissal by filing a claim at the local labor court. The key deadline is three weeks from the date you receive the written notice of dismissal. Missing this deadline usually means losing the right to challenge the dismissal in court.

What rights do I have during parental leave or sick leave?

During parental leave you have the right to take leave and in many cases to return to your job or an equivalent position. During sick leave you are generally entitled to continued payment of wages by the employer for up to six weeks, after which statutory sick pay from health insurance may apply. You also retain certain protection against dismissal while on parental leave and in many circumstances while on sick leave.

Are fringe benefits like a company car taxable?

Yes, many fringe benefits are taxable. A company car available for private use is generally treated as taxable income and valued according to specific tax rules. Other benefits - like meal vouchers or employer-paid insurance - have varying tax treatments depending on amount and structure.

How does collective bargaining affect my benefits?

If you are covered by a collective agreement, its terms may determine wages, pensions, working time and other benefits. Collective agreements may set minimum standards that supersede individual contracts where applicable. Check if your employer is bound by a collective agreement and which provisions apply.

When should I involve a lawyer versus trying to resolve the issue internally?

Consider consulting a lawyer early if the matter affects long-term financial rights - such as pension entitlements, severance, equity awards or high-value claims - or if you face dismissal, discrimination or complex contractual disputes. A lawyer can review documents, advise on deadlines and negotiate or represent you before the labor court. For minor issues, internal HR or the works council may be a first step.

Additional Resources

Sources and organizations that can help people in Aurich include:

- Local labor court - the Arbeitsgericht that handles employment disputes in the Aurich area.

- Local employment agency - the Agentur fur Arbeit Aurich for unemployment, benefits and counselling.

- Deutsche Rentenversicherung - for statutory pension information and inquiries about contribution records and entitlements.

- Local Chamber of Industry and Commerce - for employer-oriented guidance and model contract information in the Aurich region.

- Federal Ministry of Labour and Social Affairs - for summaries of national employment law and social security rules.

- Local works council or trade union - for collective agreement details and workplace representation.

- Local Rechtsanwaltskammer and specialist lawyers - look for a Fachanwalt fur Arbeitsrecht to obtain specialized legal advice and representation.

- Tax advisor - for detailed tax treatment of compensation, equity and fringe benefits.

Next Steps

If you need legal assistance with employment benefits or executive compensation in Aurich, consider the following steps:

- Gather documents - collect your employment contract, benefit plan documents, pay slips, pension statements, correspondence and any notices you received. Clear documentation speeds assessment and helps preserve claims.

- Note deadlines - if you received a termination, mark the three-week challenge deadline in your calendar and seek urgent advice.

- Seek specialist advice - consult a lawyer who specialises in employment law and, if relevant, a tax advisor. A Fachanwalt fur Arbeitsrecht can advise on entitlement, negotiation strategy and court proceedings.

- Explore internal remedies - where appropriate, raise the issue with HR or the works council, but avoid signing any settlement or waiver without legal review.

- Consider negotiation and mediation - many disputes are resolved by negotiation or mediation before a court case. A lawyer can assist with settlement terms that protect your compensation and benefits.

- Understand costs and funding - ask the lawyer about fees, possible legal expenses insurance, and whether advance legal aid or free preliminary consultations are available.

Taking prompt, informed steps helps protect your rights and maximizes the chance of a favourable outcome. Local specialists can explain how national law applies to your particular situation in Aurich and represent you effectively if litigation is required.