Best Hiring & Firing Lawyers in Aurich

About Hiring & Firing Law in Aurich, Germany

Hiring and firing in Aurich is governed primarily by German federal employment law, with local administration and support provided by regional bodies. Federal statutes set the main rules on employment contracts, notice periods, protection against unfair dismissal, fixed-term contracts, working time, minimum wage and special protections for certain groups such as pregnant employees, parents on parental leave and severely disabled persons. Employers and employees in Aurich also interact with local institutions such as the Agentur für Arbeit, the local labor court system and chambers of industry and commerce for practical and procedural matters.

Why You May Need a Lawyer

Employment disputes often involve strict legal deadlines and complex statutory requirements. You may want a lawyer if you face any of the following situations - you received a dismissal and want to know if it is legally valid; you need to file a challenge at the labor court; your employer proposes a termination agreement or severance package and you want to negotiate terms; you are subject to a summary dismissal for alleged misconduct; you suspect discrimination or unlawful termination during pregnancy or parental leave; you have a dispute about pay, overtime, holiday entitlement or overtime compensation; you are an employer and need help complying with co-determination rules, collective agreements or making workforce reductions; or you need advice about non-compete covenants, confidentiality clauses or restrictive post-employment obligations.

Local Laws Overview

Key federal laws that apply to hiring and firing in Aurich include the Protection Against Dismissal Act - Kündigungsschutzgesetz (KSchG), which sets out social justification rules for ordinary dismissal in many companies; the Civil Code - BGB, including Section 622 on statutory notice periods; the Works Constitution Act - Betriebsverfassungsgesetz (BetrVG), which governs works council rights and co-determination; the Part-Time and Fixed-Term Employment Act - Teilzeit- und Befristungsgesetz (TzBfG), which controls fixed-term contracts and renewals; the Maternity Protection Act - Mutterschutzgesetz; the Minimum Wage Act - Mindestlohngesetz; the Working Hours Act - Arbeitszeitgesetz; and the Collective Bargaining Act - Tarifvertragsgesetz. Procedural rules for disputes are handled by the labour courts - Arbeitsgerichte - with strict time limits for filing challenges. In practice, many employment matters in Aurich will also be shaped by applicable collective agreements, works council agreements and company policies.

Frequently Asked Questions

Can my employer dismiss me without giving a reason?

An employer can issue a dismissal, but if the company is subject to the Protection Against Dismissal Act and the statutory conditions apply, the dismissal must be socially justified - for example with reasons linked to the employee, conduct, or operational needs. For smaller employers who fall outside the KSchG certain protections are reduced, but statutory notice periods and special protection for certain groups still apply. Always check whether a collective agreement or employment contract gives you additional rights.

What are the statutory notice periods for dismissal?

The basic employee-initiated notice period is four weeks to the 15th or to the end of a calendar month. Employer notice periods increase with the employee’s length of service. Under BGB Section 622 the employer notice periods generally start at four weeks and increase after two years and then step up further after five, eight, ten, 12, 15 and 20 years of service - resulting in longer notice periods measured in months to the end of a month. Many employment contracts and collective agreements provide different notice rules, but they cannot give shorter minimum notice than the statutory minimum for the employee.

How long do I have to challenge a dismissal?

Time limits are strict. If you want to contest a dismissal, you normally must file a dismissal protection claim - Kündigungsschutzklage - at the local labour court within three weeks of receiving the dismissal notice. Missing that three-week deadline typically results in loss of the right to contest the termination before the labor court, so act promptly.

Am I automatically entitled to severance pay?

There is no general statutory right to severance pay for every dismissal. Severance may arise from a termination agreement, a social plan, a collective agreement, or by mutual negotiation. In some redundancy situations employers offer severance to avoid court disputes. A lawyer can calculate a fair severance proposal and negotiate on your behalf.

What is a summary dismissal and when can it be used?

A summary or immediate dismissal - fristlose Kündigung - ends the employment relationship without notice for a very serious reason, for example gross misconduct or criminal acts that make continued employment impossible. A summary dismissal is only lawful if the employer can show that it was impossible to continue the relationship even for the duration of the ordinary notice period, and there are additional timing rules - the employer must normally act within two weeks of becoming aware of the reason for dismissal.

Does special protection apply during pregnancy or parental leave?

Yes. Pregnant employees and employees on maternity leave benefit from strong protection against dismissal. Generally an employer is not permitted to dismiss a pregnant employee while the employment relationship exists and during statutory protection periods unless the competent authority explicitly permits it. Special rules also protect employees during parental leave. If you are pregnant or on parental leave and receive notice, seek advice immediately.

How do fixed-term contracts work?

Fixed-term contracts without objective justification are permitted under the Part-Time and Fixed-Term Employment Act, but they are limited in duration. In many cases a fixed-term without objective reason is allowed only up to two years, and renewals are restricted. If a fixed-term arrangement is not legally justified or formalities are missing, the contract may be treated as open-ended.

What role does a works council have in hiring and firing?

If a works council - Betriebsrat - exists, it has participation and information rights. The employer must inform and consult the works council about hirings, terminations and planned operational changes. The works council can raise an objection against a dismissal, which the employer must consider. The presence of a works council changes the procedural steps and can influence the legal assessment of a dismissal.

How do collective agreements and unions affect dismissals?

If your employment is covered by a collective agreement, its provisions may alter notice periods, severance entitlements and dispute procedures. Trade unions can provide representation and support in negotiating settlements or bringing legal claims. Check whether a tariff agreement applies to your workplace and whether union representation is available.

How do I find and pay for an employment lawyer in Aurich?

Search for a lawyer who specialises in labour and employment law and who handles matters before the labour courts. Ask about fees and whether you qualify for legal aid. In Germany, out-of-court advice may be supported by Beratungshilfe in some civil-law matters and court representation costs can be covered by Prozesskostenhilfe if you meet financial criteria. Many employment lawyers offer a first consultation - sometimes for a fixed fee - which is useful to clarify your options.

Additional Resources

Relevant authorities and organisations that can help in Aurich include - the local Agentur für Arbeit office for employment-related administrative matters; the local labour court - Arbeitsgericht - for filing claims; the regional Landesarbeitsgericht for appeals; the Industrie- und Handelskammer that covers the Ostfriesland region for employer guidance; trade unions for employee support such as ver.di or metalworkers unions depending on sector; the Federal Ministry of Labour and Social Affairs for federal guidance on employment law; and the Federal Anti-Discrimination Agency for discrimination issues. For questions about fixed-term rules, minimum wage and social insurance, the relevant federal statutes and local administrative offices provide authoritative information. If you have limited funds, check entitlement to Beratungshilfe or Prozesskostenhilfe for legal assistance.

Next Steps

If you need legal assistance with hiring or firing in Aurich - do the following steps promptly - 1) Collect and organise all relevant documents - employment contract, payslips, termination letter, written warnings, correspondence and any works council communications. 2) Note the date you received the dismissal and calendar important deadlines - the three-week deadline to file a dismissal challenge is critical. 3) Talk to your works council if one exists and, where appropriate, seek informal clarification from your employer about the reasons. 4) Seek an initial consultation with a specialist employment lawyer to evaluate your case, options and likely outcomes. 5) Ask about negotiation options such as a termination agreement and a fair severance package before proceeding to court. 6) If you cannot afford private fees, ask about legal aid options such as Beratungshilfe for advice or Prozesskostenhilfe for court representation. 7) Keep clear records of meetings and communications and act quickly to preserve your rights.