Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Governing hiring and firing in Freiburg im Breisgau, Germany is a balanced act that seeks to protect both employers and employees' rights. The German Federal Law under the German Civil Code (BGB) and the Protection Against Unfair Dismissal Act (KSchG) handle hiring and dismissal procedures. These laws guide the employment contracts' terms, probation periods, types of dismissals, and the mandatory notice periods before termination.
Engaging a lawyer becomes crucial when employment disputes arise or when you need expert assistance in understanding employment laws. These situations may include wrongful dismissal claims, contract negotiations, constructive dismissal cases, understanding employee rights, and dealing with complex matters like mass redundancy or corporate restructuring. A specialized lawyer can help clarify the legal processes, ensuring you comply with the law, and protect your rights.
Key considerations to remember in Freiburg im Breisgau include strict regulations surrounding termination. Except on grounds of misconduct, employers must adhere to a notice period before termination. The duration of the notice period depends on the employee's length of service. Further, employees on maternity leave, severely disabled workers, and works council members enjoy special termination protection. In terms of hiring, discrimination based on age, gender, race, disability, religion, or sexual orientation is forbidden under General Equal Treatment Act (AGG).
During the probation period, both the employer and the employee can terminate the contract with a shorter notice period of two weeks. However, all your rights as an employee, including salary and benefits, must be respected.
No, employers in Germany, including Freiburg im Breisgau, are obliged to provide qualified grounds for termination.
Redundancy decisions should not be arbitrary and must consider employees' length of service, age, maintenance obligations, and disability, among other factors.
Yes, if you deem the dismissal as unjustified, you have the right to file a lawsuit within three weeks of receiving the dismissal note.
Discrimination during hiring or working conditions on any grounds, including race, national origin, gender, religion, disability, age, and sexual orientation, is prohibited. Penalties for discrimination can be levied as per the AGG.
The Federal Employment Agency (Bundesagentur für Arbeit) and the Freiburg im Breisgau's local employment agency are excellent resources for legal advice on hiring and dismissal regulations. The Federal Ministry of Labour and Social Affairs (Bundesministerium für Arbeit und Soziales) website is also a beneficial resource, providing extensive information about German labor laws.
If you need legal assistance involving hiring and firing in Freiburg im Breisgau, the first step is to identify a credible labor law attorney who has expertise in the German labor law system. Your lawyer will then be able to guide you through the specific legal nuances associated with your case.
