Best Employment Rights Lawyers in Aurich

About Employment Rights Law in Aurich, Germany

Employment law in Aurich is governed primarily by German federal law, with courts and administrative bodies located locally to serve employees and employers in the Aurich area. Federal statutes set core rights and duties for work contracts, wages, working hours, leave, non-discrimination, maternity and parental protection, and termination. Local features include the availability of regional labour courts, local branches of trade unions and employer associations, and municipal employment services that provide advice and support. If you work in Aurich you are protected by the same national rules that apply across Germany, but you will use the local structures in Aurich and Lower Saxony to enforce those rights and to get practical help.

Why You May Need a Lawyer

There are many situations in which a lawyer who specializes in employment law can help. Common reasons people seek counsel include:

- Receiving a termination letter and needing to check whether the dismissal is valid and whether you must file a claim within a three-week deadline.

- Being denied wages, overtime pay or holiday pay and needing to recover unpaid amounts.

- Experiencing discrimination, sexual harassment or other unlawful conduct at work where formal complaints and possible court action may follow.

- Negotiating a severance agreement, termination agreement or settlement and wanting to protect financial and contractual interests.

- Needing guidance on fixed-term contracts, probation periods, or unlawful unlimited working hours.

- Disputes involving works council rights, collective-bargaining issues or breaches of a collective agreement applicable to your sector.

- Seeking reinstatement, compensation or fair notice when you believe the employer breached dismissal rules.

- Complex situations such as cross-border employment, secondments, self-employment misclassification or insolvency of the employer.

An employment lawyer can explain rights, estimate likely outcomes, represent you at the local labour court and help structure settlements or legal filings efficiently.

Local Laws Overview

Key legal areas and statutes that are most relevant for employees in Aurich include:

- Protection against Dismissal: The Protection against Dismissal Act (Kundigungsschutzgesetz) provides strong protections for longer-term employees in companies of a certain size and governs unfair dismissal procedures and requirements.

- Employment Contracts and General Civil Law: Contract law provisions in the Civil Code (Buergerliches Gesetzbuch, BGB) set basic contract formation, notice and default rules for employment relationships.

- Working Time and Rest: The Working Hours Act (Arbeitszeitgesetz) regulates maximum daily and weekly working hours, rest periods and night work protections.

- Minimum Wage and Pay: The statutory minimum wage is set at the federal level and employers must comply. Wage rules, overtime pay, wage statements and payslip requirements are regulated by law and collective agreements.

- Leave and Sick Pay: The Federal Holiday Act (Bundesurlaubsgesetz) and the Continued Payment of Remuneration Act (Entgeltfortzahlungsgesetz) govern statutory leave and the employer's duty to pay during short-term illness.

- Fixed-Term and Part-Time Work: The Part-Time and Fixed-Term Employment Act (Teilzeit- und Befristungsgesetz) sets limits on fixed-term contracts and employees' rights to request reduced hours.

- Maternity, Parental and Family Protection: Maternity Protection Act (Mutterschutzgesetz) and parental leave rules provide job protection and special notice rules for pregnant employees and parents.

- Anti-Discrimination: The General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) prohibits discrimination in hiring, employment terms and termination on grounds such as sex, age, disability, race and religion.

- Works Councils and Collective Bargaining: The Works Constitution Act (Betriebsverfassungsgesetz) governs works councils (Betriebsrat) which represent staff in companies with elected employee representatives. Collective agreements (Tarifvertraege) negotiated by unions and employer associations may apply to pay and working conditions.

- Social and Disability Protection: Special protections exist for pregnant women, those on parental leave and severely disabled employees, including notice protections and participation of integration offices when relevant.

Procedural note - Labour Courts: Employment disputes are typically heard first at the local labour court (Arbeitsgericht) that serves Aurich. Appeals go to the state labour court (Landesarbeitsgericht) and ultimately to the Federal Labour Court in Berlin where legal issues of high importance are at stake. Time limits for certain claims are short, so prompt action is crucial.

Frequently Asked Questions

What should I do immediately if I receive a termination letter?

Do not ignore the letter. Check the date on the termination and note when you received it. In many dismissal cases you must file a claim at the local labour court within a three-week period to challenge the dismissal. Gather your employment contract, payslips, any prior warnings or correspondence, and contact a lawyer or your works council or union as soon as possible to assess options.

How are notice periods calculated in Germany?

Notice periods may be set out in your employment contract, collective agreement or by statutory rules in the BGB. Statutory notice periods for employer-initiated termination typically increase with length of service. Fixed-term contracts end at the agreed date and do not require statutory notice unless a termination provision exists in the contract. Always check your contract and applicable collective agreement.

Am I protected from dismissal while on sick leave or parental leave?

There are special protections. While short-term illness does not automatically prevent dismissal, terminating due to health reasons requires careful legal assessment and often involvement of social law and disability protections. Employees on parental leave and pregnant employees generally enjoy stronger protections against dismissal and additional procedural safeguards. If you believe a dismissal is related to pregnancy or parental leave, seek quick legal advice.

What can I do if my employer has not paid my wages or holiday pay?

You should collect evidence such as payslips, contracts, work time records and communications requesting payment. Inform the employer in writing and set a reasonable deadline. If unpaid, you can file a claim for outstanding wages at the labour court and may seek provisional enforcement. A lawyer can quantify claims and assist with court filings or negotiated recovery.

Can I be dismissed during the probation period?

Yes. During a probationary period either party can usually terminate the contract with a shorter notice period, unless the contract or collective agreement states otherwise. However, dismissals that violate anti-discrimination rules or are otherwise unlawful can still be challenged. If you suspect wrongful motives, consult an employment lawyer.

What rights do works councils have and how can they help me?

A works council represents employees in a company with the right to be informed and consulted on dismissals, working conditions, working time, social measures and restructuring plans. If your workplace has a works council, they can provide internal support, mediation and help you understand company procedures. They do not replace legal advice, but they are a practical first step.

Am I entitled to severance pay if I am dismissed?

There is no automatic statutory right to severance pay for all dismissals. Severance is commonly agreed in settlement negotiations, required by social plans in restructurings, or offered when an employer seeks to avoid litigation. In certain redundancy or mass-layoff situations, statutory or negotiated arrangements may obligate severance. A lawyer can help evaluate and negotiate any offer.

What is the role of trade unions and collective agreements in Aurich?

Trade unions negotiate collective agreements that set pay scales, working hours and conditions in many sectors. If a collective agreement covers your employment, its terms will influence your rights. In Aurich you can contact union branches for advice, representation and, in some cases, legal assistance for members. Unions also represent groups of employees in collective disputes.

How long do I have to file a claim for wrongful dismissal or unpaid wages?

Time limits vary by claim. For an unfair dismissal claim under the Protection against Dismissal Act you generally have a three-week deadline to file at the labour court from the date of receipt of the dismissal. Wage claims often fall under general statutory limitation periods, commonly three years in many cases, but the running of time depends on when pay was due and other factors. Check deadlines early and act promptly.

What costs can I expect if I hire an employment lawyer in Aurich?

Costs vary. Lawyers may charge fixed fees for initial consultations, hourly rates, or court representation fees set by the German fee schedule for lawyers. If you win a court case you may recover some or all legal costs from the losing party, but this depends on the outcome and the court. If you have a legal expenses insurance policy (Rechtsschutzversicherung) it may cover lawyer fees. Low-income litigants may qualify for legal aid or court fee assistance. Ask about fees and funding options at your first meeting.

Additional Resources

Helpful organisations and bodies you can contact in or near Aurich include:

- The local labour court that serves the Aurich area for filings and procedural information and for dates of hearings.

- The local branch of the Federal Employment Agency (Agentur fuer Arbeit) for unemployment benefits, job placement and counselling.

- Trade unions such as those active in your sector - they offer advisory services and member representation.

- Employer associations and chambers of commerce for employer-side information and sector rules.

- The Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes) for discrimination concerns and guidance.

- Social insurance institutions and statutory accident insurance bodies for workplace accidents and social security issues.

- Legal aid options - Beratungshilfe and Prozesskostenhilfe - available for low-income people who cannot afford legal advice or court costs.

- The regional bar association or Rechtsanwaltskammer in Lower Saxony to find a qualified employment lawyer with experience in labour law cases.

Next Steps

If you need legal assistance with an employment matter in Aurich, use this practical checklist:

- Preserve documents: Keep your contract, payslips, time records, termination letters, performance reviews, emails and any messages that relate to the dispute.

- Note deadlines: Mark the date you received any termination letter and other key dates. Missing a deadline can forfeit rights, especially the three-week period for dismissal challenges.

- Talk to internal resources: If you have a works council, speak with them. If you are a union member, contact the union for advice and possible representation.

- Seek a lawyer consultation: Arrange an initial consultation with a lawyer specialising in employment law to review your case, estimate chances and discuss costs and timing.

- Check funding: Ask about legal expenses insurance, union legal support, or eligibility for legal aid or court fee assistance.

- Consider alternative dispute resolution: Where appropriate, consider negotiating a settlement or using mediation to resolve disputes quickly and with lower cost.

- File promptly: If litigation is required, instruct your lawyer early so they can prepare and file any necessary claims within statutory deadlines.

Taking calm, timely and informed steps increases the chance of a positive outcome. A local employment lawyer in Aurich can guide you through the specific procedures and represent your interests before the local labour court and other bodies.