Best Hiring & Firing Lawyers in Kitzingen

About Hiring & Firing Law in Kitzingen, Germany

Hiring and firing in Kitzingen is governed primarily by German federal employment law, which applies uniformly across the country. Local practice in Kitzingen reflects Bavarian procedures and institutions, such as the competent labor court and regional agencies, but the substantive rules on recruitment, contracts, working time, pay, and termination are set by national statutes and case law. Employers in Kitzingen must also consider works council participation where applicable, collective agreements if binding, and sector specific requirements. Employees benefit from comprehensive protections that regulate how they are hired, managed, and dismissed.

Typical topics that arise include compliant job advertising, non discrimination during recruitment, drafting and changing employment contracts, minimum wage and working time obligations, probationary arrangements, fixed term hiring, employee leasing, handling performance or conduct issues, social selection in redundancies, special protections for certain groups, and strict deadlines for challenging terminations. Disputes are heard at the Arbeitsgericht Würzburg, which has jurisdiction for Kitzingen.

Why You May Need a Lawyer

Employment law in Germany is detail heavy and deadline driven. A lawyer can help you avoid costly mistakes and protect your rights in situations such as:

- Drafting or reviewing employment contracts, offer letters, bonus plans, variable pay, and non compete clauses- Setting up compliant recruitment processes, background checks, and data protection notices- Deciding between permanent, fixed term, mini job, midi job, part time, or agency worker arrangements- Implementing policies on working time, overtime, remote work, and whistleblowing- Managing performance, creating warnings, and documenting issues before any dismissal- Planning restructurings or mass layoffs with correct notices, social selection, and works council involvement- Handling special protections for pregnant employees, employees on parental leave, severely disabled employees, apprentices, and works council members- Negotiating or challenging termination notices, termination agreements, and settlement packages- Litigating at the Arbeitsgericht Würzburg within short filing deadlines

Local Laws Overview

Key aspects of hiring and firing that are particularly relevant in Kitzingen include the following.

Hiring and contracts

- Non discrimination and recruitment: The General Equal Treatment Act prohibits discrimination based on characteristics such as sex, age, disability, ethnicity, religion, and more. Job ads, interviews, and selection criteria must reflect this. Inquiries must be limited to job relevant topics, and data processing must comply with GDPR and the Federal Data Protection Act. In Bavaria, the supervisory authority is the Bavarian Data Protection Authority.

- Minimum wage and mini jobs: The statutory minimum wage applies to most employees. As of 2025 it is 12.82 euros per hour. The monthly earnings cap for a mini job adjusts with the minimum wage and is about 556 euros per month in 2025. Midi jobs provide reduced social security contributions in a transitional earnings band above mini jobs.

- Working time: The Working Time Act generally limits daily work to 8 hours, extendable to 10 if average hours over a reference period do not exceed 8. Night, Sunday, and holiday work have special rules and compensation or time off. Time recording is required, and new case law increasingly expects employers to maintain systematic working time records.

- Contracts and proof of terms: The Evidence Act requires timely written information on essential terms such as duties, place of work, pay, working time, probation, and notice periods. Probation is common up to 6 months and affects protection against dismissal and notice periods.

- Fixed term hiring: The Part Time and Fixed Term Employment Act permits objective reason fixed terms or, without an objective reason, a fixed term up to 2 years with up to 3 extensions, subject to conditions. Prior employment with the same employer can block a no reason fixed term. Abuse of successive fixed terms can be unlawful.

- Employee leasing: Using agency workers requires a licensed provider under the Employee Leasing Act. Equal pay applies after a qualifying period, and assignment duration is capped. Works council co determination applies to deployment in companies with a works council.

- Apprenticeships: Apprentices are hired under the Vocational Training Act. Contracts have specific form requirements and must be registered with the competent chamber, for example the Chamber of Industry and Commerce Würzburg Schweinfurt or the Chamber of Crafts Unterfranken, depending on the trade.

Firing and ending employment

- Ordinary termination: The Protection Against Dismissal Act applies after 6 months of service in establishments with generally more than 10 full time equivalent employees. Dismissals must be socially justified based on conduct, performance or personal reasons, or operational reasons. Under civil law, statutory notice is 4 weeks to the 15th or end of a month, with longer employer notice periods increasing with tenure. Collective agreements or contracts can vary these rules within limits.

- Termination for cause: Immediate termination for cause is possible only for serious reasons that make continued employment unreasonable, and must be declared within 2 weeks of the employer learning the facts. Often a prior warning is necessary for conduct issues.

- Special protection: Pregnant employees and those on maternity or parental leave, severely disabled employees, works council members, and apprentices enjoy enhanced protection. For severely disabled employees, the Integration Office in Bavaria must approve a dismissal. Pregnant employees require prior approval by the competent authority. Dismissal during protected periods is heavily restricted.

- Works council involvement: If a works council exists, it must be properly informed and heard before any dismissal. In hiring and transfers, prior consent can be required. Failure to involve the works council can invalidate the measure.

- Social selection in redundancies: For operational dismissals, employers must select employees based on social criteria such as tenure, age, maintenance obligations, and severe disability, subject to performance and business needs. Mass dismissals trigger additional consultation and notification duties toward the Employment Agency.

- Deadlines and form: Termination must be in writing with a wet ink signature. Employees who wish to challenge a termination must file a claim with the Arbeitsgericht Würzburg within 3 weeks of receipt of the notice. Missing the deadline usually makes the dismissal effective even if flawed.

- Termination agreements: An Aufhebungsvertrag or a settlement in court can end employment by mutual agreement. Such agreements can cause a waiting period for unemployment benefits if not negotiated carefully. Employees should seek legal advice before signing.

- Certificates: Employees are entitled to a written reference letter upon leaving. Content must be truthful and benevolent in tone. Interim references are common during employment changes.

- Post contractual non compete: A valid non compete after employment requires written form, a maximum duration of 2 years, and employer compensation of at least 50 percent of total last remuneration for the duration of the restriction.

Local institutions and procedure

- Labor courts: Employment disputes for Kitzingen are typically heard by the Arbeitsgericht Würzburg. Appeals go to the Regional Labor Court in Nuremberg. Proceedings start with a conciliation hearing aimed at settlement, followed by a merits hearing if needed.

- Authorities: The Employment Agency and Jobcenter in the region handle unemployment benefits, mass dismissal notices, and placement. The Integration Office in Bavaria decides on dismissals of severely disabled employees. The regional trade supervisory authority oversees working time compliance.

Frequently Asked Questions

Do German rules on termination apply in Kitzingen the same as elsewhere

Yes. German federal employment law applies uniformly. Local aspects in Kitzingen concern which court and authorities are competent, not different substantive rules.

What is the deadline to challenge a dismissal

You must file a claim at the Arbeitsgericht Würzburg within 3 weeks from the day you receive the written termination notice. Missing this deadline usually makes the dismissal effective even if it was unlawful.

What notice period applies if I am still in probation

If a probationary period was agreed, the statutory notice period during probation is typically 2 weeks. Contracts or collective agreements can set different periods, but they must be clear in writing.

Am I entitled to severance pay if I am dismissed

There is no automatic severance in Germany. Severance often arises through negotiation, a social plan in larger restructurings, or a court settlement. In certain operational dismissals, a statutory severance option exists if the employer offers it in the termination letter and you forgo filing a claim.

Can my employer fire me while I am sick

Being on sick leave does not grant absolute protection. However, dismissals for illness require strict conditions and proportionality. Termination because you are temporarily sick with a medical certificate is often unlawful. Seek legal advice promptly if this occurs.

What is a proper warning and why does it matter

A warning is a formal notice describing specific misconduct or performance issues, demanding compliance, and indicating possible consequences up to dismissal. For many conduct based dismissals, at least one prior valid warning is required.

Is a termination by email or scan valid

No. Terminations and termination agreements must be in original written form with a handwritten signature. Email, scan, or text message is invalid, but you should still react quickly because other steps may follow.

What should I watch out for before signing a termination agreement

Check severance amount, reference wording, release from duties, outstanding pay and vacation, garden leave, confidentiality, non compete obligations, and the potential unemployment benefits waiting period. Do not sign under pressure. You can ask for time and legal advice.

Can fixed term contracts be renewed indefinitely

No. Without an objective reason, a fixed term can generally last up to 2 years with up to 3 extensions. With an objective reason, longer terms are possible, but chains of fixed terms can be abusive. Prior employment with the same employer can block a no reason fixed term.

What minimum wage and mini job limits apply in 2025

The statutory minimum wage is 12.82 euros per hour as of 2025. The mini job monthly earnings cap adjusts with the minimum wage and is about 556 euros per month in 2025. Employers must also record working time for mini jobbers.

Additional Resources

- Arbeitsgericht Würzburg: Competent first instance labor court for Kitzingen. Provides information on filing claims, forms, and schedules.

- Landesarbeitsgericht Nürnberg: Regional appeals court for northern Bavaria in employment matters.

- Bundesagentur für Arbeit and Jobcenter Kitzingen: Unemployment registration, benefits, job placement, mass dismissal notifications, and advisory services.

- Integrationsamt Bayern: Approvals for dismissals of severely disabled employees and advisory support on workplace integration.

- Gewerbeaufsichtsamt Unterfranken: Regional trade supervisory authority for working time, occupational health and safety, and youth employment protections.

- Bayerisches Landesamt für Datenschutzaufsicht: Supervisory authority for data protection in the private sector in Bavaria. Guidance on HR data processing.

- Industrie und Handelskammer Würzburg Schweinfurt and Handwerkskammer Unterfranken: Support for apprenticeships, training contracts, and employer guidance.

- Trade unions in the region, for example IG Metall Unterfranken and ver.di Mainfranken: Member advice on employment rights, collective agreements, and representation.

- Employer associations in Bavaria, for example vbw and bayme vbm: Guidance, templates, and updates for member companies.

Next Steps

- Act quickly: If you received a termination notice, note the 3 week deadline to file a claim. Calendar the date and seek advice immediately.

- Gather documents: Employment contract and amendments, policies, payslips, warnings, emails, time records, medical certificates, and the original termination letter or agreement.

- Assess your goals: Consider whether you want reinstatement, severance, improved reference wording, or time to transition. This shapes your strategy.

- Consult a local employment lawyer: A lawyer familiar with the Arbeitsgericht Würzburg can evaluate your case, draft filings, and negotiate effectively. Employers should obtain early advice to structure compliant processes and reduce risk.

- Contact relevant bodies: Register with the Employment Agency promptly if you are losing your job to secure benefits and avoid disadvantages. If you are severely disabled or have equal status, inform your lawyer because special procedures apply.

- Plan compliance for employers: Review recruitment materials for discrimination risks, ensure working time and wage compliance, document performance management, involve the works council correctly, and prepare tailored termination paperwork.

- Explore cost support: Employees may qualify for legal aid or legal expenses insurance coverage. Employers may have coverage through business legal insurance. Ask your lawyer about options.

This guide provides general information only. For advice tailored to your situation in Kitzingen, consult a qualified employment lawyer.