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Find a Lawyer in GoslarAbout Employment Rights Law in Goslar, Germany
Employment rights in Goslar are governed mainly by German national employment law and by collective agreements and works council agreements that apply locally. Statutory protections cover areas such as dismissal protection, working hours, minimum wage, paid leave, sick pay, parental protection and anti-discrimination. Local institutions - for example the local Agentur für Arbeit, trade union branches and the works council at your workplace - can provide advice and support. If a dispute reaches the courts, matters are handled by the labour courts that have jurisdiction for the Goslar region.
Why You May Need a Lawyer
You may need a lawyer if your workplace issue is complex, has significant financial or career consequences, or could end up in court. Common situations that call for legal help include:
- You receive a termination notice and want to assess whether it is valid or to file a claim at the labour court.
- Your employer refuses to pay wages, overtime or bonuses you are owed.
- You face discrimination, harassment or unequal treatment covered by the General Equal Treatment Act.
- You have a dispute about holiday entitlement, sick pay continuation or short-time work rules.
- Your employment contract contains restrictive clauses such as post-contract non-compete or confidentiality provisions you do not understand.
- You need help negotiating a severance agreement or reviewing settlement proposals.
- You require representation in proceedings before the Arbeitsgericht or in negotiations with a works council or trade union.
Local Laws Overview
Employment law in Goslar is primarily national law applied locally. Key statutes and concepts to be aware of include:
- Protection Against Dismissal Act (Kundigungsschutzgesetz) - protects employees from unfair dismissal in many situations. The law generally applies when the employer has more than 10 employees and the employee has been employed for more than six months, though special protections also exist for pregnant employees, parents on parental leave, severely disabled persons and works council members.
- Civil Code and contract law - most employment relationships are based on individual employment contracts governed by the Civil Code and supporting legislation.
- Working Hours Act (Arbeitszeitgesetz) - regulates maximum working hours, rest periods and night work.
- Federal Vacation Act (Bundesurlaubsgesetz) - sets minimum paid annual leave entitlements. The statutory minimum is 24 working days for a six-day working week, commonly corresponding to 20 days for a five-day week.
- Continued Remuneration Act (Entgeltfortzahlungsgesetz) - requires employers to continue paying wages for up to six weeks during sick leave in most cases; after that health insurance may pay sickness benefit.
- Part-Time and Fixed-Term Work Act (Teilzeit- und Befristungsgesetz) - governs limits on fixed-term contracts and rights to request part-time work.
- General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG) - protects against discrimination based on race, gender, religion, disability, age and other characteristics.
- Works Constitution Act (Betriebsverfassungsgesetz) - sets out the rights and duties of works councils, including information and co-determination rights on many workplace matters.
- Collective bargaining and tariffs - collective agreements may apply at company, industry or regional level and can set terms that differ from statutory minimums.
- Social security and insurance - social security contributions and statutory accident insurance are handled under the Social Code and through agencies and Berufsgenossenschaften responsible for workplace accidents.
Note - procedural rules matter. For example, if you want to challenge a dismissal you normally must file a claim at the Labour Court within three weeks of receiving the termination. Missing procedural deadlines can forfeit legal remedies, so prompt action is important.
Frequently Asked Questions
Can my employer dismiss me without a reason?
Employers must follow legal requirements for dismissal. While an employer can issue a notice of termination, protection against unfair dismissal may apply depending on company size, your length of service and special protection categories. For many employees, dismissals must be socially justified by reasons related to the person, conduct or operational needs. If you receive termination, act quickly because you typically have three weeks to file a claim at the Labour Court to challenge it.
What are the statutory notice periods?
Statutory notice periods depend on how long you have been employed and can be extended by contract or collective agreement. For employees, the minimum statutory notice is usually four weeks to the 15th or to the end of a calendar month in the early years of employment. For employers the notice period increases with length of service. Contracts and collective agreements can set longer notice periods.
How much holiday am I entitled to?
The statutory minimum holiday is 24 working days for a six-day working week, which typically corresponds to 20 days for a five-day week. Many employers and collective agreements grant more. Unused leave rules and carry-over depend on circumstances such as illness and company policy.
What should I do if my employer does not pay my wages?
Document unpaid amounts, dates and any communications. Send a written reminder to your employer and request payment. If that does not work, you can involve a lawyer or a trade union and ultimately initiate a claim at the Labour Court to recover unpaid wages. Keep records such as contracts, payslips and time records.
Am I entitled to continued pay if I am sick?
Employees who are unfit for work due to illness are generally entitled to continued remuneration by the employer for up to six weeks under the Continued Remuneration Act, provided they meet notification and proof requirements. After six weeks statutory health insurance can pay sickness benefit according to its rules.
What protections exist for pregnant employees and new parents?
Pregnant employees and those on parental leave have special protections. The Maternity Protection Act provides protection against dismissal during pregnancy and a period after childbirth in most cases, and also regulates working conditions for pregnant or breastfeeding employees. Parents can take parental leave and claim parental allowance under national rules. Employers must respect these protections and cannot terminate for reasons linked to pregnancy or parental leave in most circumstances.
Can I be disciplined or dismissed for whistleblowing?
Whistleblower protections have increased, especially for certain types of reporting. Protections depend on the facts, the internal reporting channels used and whether the report was made in good faith. You should get advice before making public disclosures. Trade unions and lawyers can advise on safe channels and legal protections.
What rights does a works council have and can it help me?
A works council represents employees on workplace matters and has information, consultation and co-determination rights under the Works Constitution Act. It can assist with disputes, negotiate social plans, advise on dismissals and support collective measures. If your workplace has a works council, contact them for initial support.
Do I have to accept a severance offer?
No. Severance is typically a negotiated settlement unless granted by agreement or court order. You should not sign a severance or settlement agreement without understanding the legal consequences. A lawyer or union representative can help evaluate offers and negotiate better terms or alternatives such as reinstatement where applicable.
How do I start an employment claim and what are the deadlines?
Employment disputes are usually filed at the local Labour Court (Arbeitsgericht). Key deadlines apply - for example, you generally have three weeks from the date you receive a termination notice to file a claim challenging dismissal. Other claims have different deadlines. Gather documents, seek early legal advice and contact your union, works council or a lawyer promptly to preserve your rights.
Additional Resources
When you need more information or assistance, consider the following types of local and national resources:
- Agentur für Arbeit Goslar - local employment agency for general work-related information and benefits.
- Local trade union branches - such as IG Metall, ver.di or other unions relevant to your sector for advice and legal support.
- DGB Kreisverband or local labour movement organisations that provide worker advice and support.
- Works council at your workplace - an internal body that can advise and negotiate on many issues.
- Berufsgenossenschaften - statutory accident insurers for workplace accidents and occupational health matters.
- Rechtsanwaltskammer Niedersachsen - for lists of local specialist employment lawyers and professional complaints procedures.
- Social services and local counselling centres - for urgent social support or mediation help, including AWO, Caritas or Diakonie local offices.
- Labour courts - the local Arbeitsgericht handles employment disputes; court clerks can provide procedural information on filing a claim.
- Legal aid and consultation schemes - you may be eligible for initial low-cost or free legal advice through unions, local counselling centres or state legal aid schemes depending on income and case type.
Next Steps
If you need legal assistance with an employment matter in Goslar, follow these practical steps:
- Act promptly - note important dates such as the date you received a termination letter or the last unpaid salary date. Be aware of short court deadlines for dismissal challenges.
- Gather documentation - collect your employment contract, payslips, termination letter, emails, time records, medical certificates and any other relevant documents.
- Seek initial advice - contact your workplace works council, a trade union representative or a specialised employment lawyer for an assessment. Many lawyers offer an initial consultation.
- Check eligibility for legal aid or union legal insurance - unions and legal expenses insurance can cover advice and court representation in many cases.
- Do not sign any settlement or waiver without advice - signing may end your legal options.
- Consider negotiation or mediation where appropriate - a lawyer or union can help negotiate severance or prefer reinstatement where legally possible.
- If you decide to file a claim, confirm the correct court and meet procedural requirements - a lawyer or court clerk can help ensure your claim is filed properly and within deadlines.
Employment disputes can be stressful and time sensitive. Prompt, well-informed steps increase your chances of a positive outcome. If you are unsure where to begin, contacting a local trade union, works council or specialist employment lawyer in Goslar for an initial consultation is a practical first move.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.