Best Hiring & Firing Lawyers in Dortmund

About Hiring & Firing Law in Dortmund, Germany

Hiring and firing practices in Dortmund, Germany, are governed by a comprehensive legal framework designed to protect the rights of both employers and employees. Employment relationships typically fall under federal German law, but local customs and the presence of important industries in Dortmund can influence how these laws are applied. With Germany’s strong emphasis on worker protection, it is essential for both employers and employees to understand their rights and obligations concerning employment contracts, dismissals, and the overall hiring process.

Why You May Need a Lawyer

Situations involving hiring or terminating an employment relationship can be legally complex in Germany. You may require legal assistance in cases such as:

• Negotiating employment contracts and understanding contract terms
• Facing or issuing a dismissal (ordinary or extraordinary)
• Allegations of unfair dismissal (Kündigungsschutzklage) or wrongful termination
• Discrimination or unequal treatment claims during hiring or firing
• Special protections, e.g. for pregnant employees or people with disabilities
• Negotiations with works councils (Betriebsrat) or dealing with collective bargaining agreements
• Processing severance payments (Abfindung)
• Facing disputes related to probation periods, notice periods, or fixed-term contracts
• Ensuring compliance with local and federal labor regulations
• Navigating complex situations, such as business restructuring or mass layoffs

Local Laws Overview

The key aspects of hiring and firing law relevant to Dortmund are rooted in the German Civil Code (Bürgerliches Gesetzbuch, BGB), the Protection Against Dismissal Act (Kündigungsschutzgesetz), and specific state laws. Important points include:

• Employment Contracts: Written contracts are recommended (and often required) to outline terms like job description, salary, working hours, and termination rules.
• Protected Employees: Special rules apply to pregnant women, parents on parental leave, people with disabilities, and works council members. Dismissing such employees requires prior consent from respective authorities or bodies.
• Notice Periods: Minimum statutory notice periods must be followed, varying with the duration of employment and contract terms.
• Works Council Participation: Businesses with more than five employees may be required to involve a works council in significant employment decisions, including mass layoffs or dismissals.
• Sick Leave and Dismissal: Employees cannot generally be dismissed due to illness, except under specific, justified circumstances.
• Termination for Cause: Extraordinary (immediate) dismissals are only possible in cases of serious misconduct.
• Severance Pay: Not automatically owed, except when defined by contract, collective agreement, or severance agreements reached during disputes.
• Anti-Discrimination: Employers must follow the General Equal Treatment Act (AGG), ensuring hiring and firing decisions are free from discrimination based on race, gender, age, religion, disability, or sexual orientation.

Frequently Asked Questions

Is an employment contract mandatory in Dortmund, Germany?

While oral employment agreements are legally valid, it is highly recommended and often required to provide a written contract to avoid misunderstandings and comply with proofing obligations.

What is the probationary period, and how does it affect dismissal?

A probationary period (Probezeit) can last up to six months. During this time, employment can typically be terminated by either side with two weeks’ notice, and with less justification required.

Do employers have to provide a reason for dismissal?

For small companies with ten or fewer employees, a reason is generally not necessary. For larger companies, after six months of employment, a valid reason for ordinary dismissal is required by law (e.g., business, personal, or conduct-related).

Can I be dismissed while on sick leave?

Dismissal during sick leave is possible but not solely due to illness. Strict requirements must be met, and dismissals are closely scrutinized by labor courts.

Are there specific rules for terminating fixed-term contracts?

Fixed-term contracts end automatically on the agreed date unless otherwise terminated according to contract provisions. Early termination is only possible if explicitly allowed in the contract.

What notice periods apply to dismissals?

The statutory notice period for ordinary dismissals ranges from four weeks to the 15th or the end of a month, increasing with years of service. Longer periods may be stipulated in contracts or agreements.

Am I entitled to severance pay if dismissed?

Severance pay is typically only granted if contractually agreed, stipulated in a social plan, settled in court, or if negotiated in an individual case (such as in a settlement with the employer).

What protections exist against unfair dismissal?

German law strongly protects employees. If you believe a dismissal is unfair, you must file a claim (Kündigungsschutzklage) with the labor court within three weeks of receiving notice.

Who is protected from dismissal?

Enhanced protections exist for pregnant employees, parents on parental leave, severely disabled persons, and works council representatives. Special procedures and consents are required for their dismissal.

What should I do if I suspect discrimination in hiring or dismissal?

Under Germany’s General Equal Treatment Act (AGG), you can seek advice from the Equal Opportunities Officer or file a complaint with the employer. Legal support or court action may also be considered if discrimination is confirmed.

Additional Resources

Valuable local and national resources for those seeking information or assistance include:

• Dortmund Labor Court (Arbeitsgericht Dortmund): Handles employment disputes in the region.
• Federal Employment Agency (Bundesagentur für Arbeit) – Dortmund: Provides employment services, advice on contracts and dismissals, and support during job transitions.
• Chamber of Industry and Commerce Dortmund (IHK Dortmund): Offers information and seminars for employers regarding employment law compliance.
• German Trade Union Confederation (Deutscher Gewerkschaftsbund, DGB) Dortmund: Supports employees in labor rights matters and collective complaints.
• Local Legal Aid Clinics: Provide affordable or free consultations for low-income individuals facing employment disputes.
• Antidiscrimination Agency (Antidiskriminierungsstelle des Bundes): Supports individuals facing workplace discrimination.

Next Steps

If you require legal assistance with hiring or firing matters in Dortmund, Germany, consider the following steps:

• Collect all relevant documents: employment contracts, dismissal notices, correspondence, and evidence.
• Contact a local lawyer specializing in employment law for a consultation. Many offer initial advice by phone or email.
• If you belong to a union or employee association, reach out to them for support and guidance.
• For disputes, consider filing a claim with the Dortmund Labor Court within required time limits (usually three weeks from notice of dismissal).
• Use governmental agencies or free legal clinics if you have limited financial resources.
• Act quickly, as legal deadlines for employment disputes are short and strictly enforced in Germany.