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Germany is well reputed for its robust protection of employees and has a comprehensive web of laws and regulations about hiring and firing. In Cologne, these laws generally favour the employee, includes clear procedures for hiring, rights of employees, conditions for dismissals and breach of contract. Like the rest of Germany, Cologne follows the federal labor law that is primarily governed by the dismissal protection act (KSchG), the part time and temporary employment act (TzBfG), and the Civil Code (BGB).
Understanding labor laws can be challenging for both employees and employers. You might need a lawyer if you are an employer dealing with a difficult termination, or if you're an employee contesting unfair dismissals. Lawyers can help in situations of writing and evaluating employment contracts, managing disciplinary procedures and resolving employment-related disputes. Furthermore, navigating through the non-disclosure agreements, part-time and fixed-term contracts, and the laws pertaining to maternity leave and parental leave can be made much easier with a skilled lawyer.
In Germany, the Protection Against Unfair Dismissal Act (KSchG) safeguards employees from abrupt termination. Employees with more than six months of service working in a firm with more than ten employees are generally protected. Employers need a justifiable reason to terminate such as personal reasons, conduct related reasons or operational requirements. The law further stipulate that written notice must be provided for termination, with a notice period varying from two weeks to seven months based on length of service. On the hiring front, non-discrimination policies are strongly upheld and any discrimination based on race, gender, religion, disabilities, age or sexual orientation is heavily penalized.
Yes. Although an employment agreement can be oral, it is recommended and common practice in Germany to issue a written document covering various aspects of the employment relationship.
Except in cases of severe misconduct, employers are required to provide notice before termination, its length depending on your tenure at the company. Instantaneous or 'summary' dismissals are only valid under extreme circumstances.
Operational needs (such as company restructuring), employee misconduct, or personal reasons like long-term illness can justify dismissal.
Yes, you have three weeks from the receipt of your written notice to file a complaint at the labor court if you believe the termination to be unfair.
You may be entitled to unemployment benefits and have the right to be notified in advance, the length of which varies depending on your length of service in the company.
Excellent resources for further information include the websites of the Federal Ministry of Labour and Social Affairs, German Trade Union Confederation, and the Cologne Chamber of Industry and Commerce (IHKK). These offer comprehensive details on employment rights and legislation. Local citizen advice bureaus also provide free advice and support.
If you feel you need legal assistance, the first step is to find a lawyer specializing in labor law. The Cologne Bar Association can aid in your search. It's important to collect all relevant documents (such as your contract, payslips, correspondence related to your dispute) to present to your lawyer. Know that legal action can be costly and time-consuming, so ensure all other options of resolution have been explored prior.
