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Andreas Wohlert Rechtsanwalt und Notar - Meldorf

Andreas Wohlert Rechtsanwalt und Notar - Meldorf

Meldorf, Germany

English
Andreas Wohlert Rechtsanwalt und Notar, located in Meldorf, Germany, offers comprehensive legal services across multiple practice areas, including family law, employment law, estate planning, and general legal counsel. With over 75 years of presence in the Brunsbüttel region, the firm has...
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About Hiring & Firing Law in Meldorf, Germany

Hiring and firing are important facets of employment law in Meldorf, Germany. As part of the Schleswig-Holstein region, Meldorf adheres to both federal German labor law and local regulations. Employment relationships are guided by contracts, collective agreements, and statutory protections that benefit both employees and employers. Understanding these rules ensures fair treatment and reduces legal risks for all parties involved during hiring and termination processes.

Why You May Need a Lawyer

Legal situations involving hiring and firing can be complex, and obtaining professional advice can be vital. Common reasons include:

  • Understanding employment contracts and obligations
  • Challenging or defending against unfair dismissal claims
  • Navigating redundancies or restructuring
  • Settling disputes about notice periods, severance pay, or references
  • Ensuring compliance with anti-discrimination and equal opportunity laws
  • Dealing with wrongful termination or workplace harassment claims
  • Advice during works council involvement or collective bargaining

Lawyers help protect your rights, improve the likelihood of favourable outcomes, and reduce costly mistakes.

Local Laws Overview

Hiring and firing in Meldorf are covered by Germany's comprehensive labor laws, including the Bürgerliches Gesetzbuch (Civil Code), Kündigungsschutzgesetz (Dismissal Protection Act), Allgemeines Gleichbehandlungsgesetz (General Equal Treatment Act), and local Schleswig-Holstein employment statutes. Key points include:

  • Employment contracts must detail essential conditions; written form is strongly advised.
  • Probationary periods are common, usually lasting up to six months, with simplified termination conditions.
  • Dismissal protection applies after six months of continuous employment, especially in businesses with more than ten employees.
  • Terminations must be justified (personal, conduct-related, or operational reasons) and adhere to notice periods as set out by law or contract.
  • Mass layoffs require works council consultation and state labor agency notification.
  • Anti-discrimination laws strictly prohibit employment decisions based on race, gender, age, disability, religion, or similar characteristics.
  • Employees have rights to reference letters and proper documentation upon contract end.

Local procedures and works council roles may further influence processes, especially in larger companies.

Frequently Asked Questions

Is a written employment contract required in Meldorf, Germany?

Although oral agreements are legally valid, a written contract is strongly recommended to clarify terms such as salary, working hours, and notice periods, and is often required by law for transparency.

Can an employer terminate employment without reason?

In companies with more than ten employees, and after six months’ employment, dismissals must be justified by personal, behavioral, or operational reasons. During probation, termination without reason is usually possible, but notice requirements still apply.

What are the notice periods for terminating employment?

The statutory notice period starts at four weeks to the 15th or end of a month, increasing with years of service. Employment contracts or collective agreements may set longer periods.

Can employees challenge their dismissal?

Yes, employees can file an objection with the employer or take the case to the local labor court (Arbeitsgericht) within three weeks after receiving written notice.

Are there protections against discrimination in hiring and firing?

German law prohibits discrimination based on race, ethnicity, gender, religion, disability, age, or sexual identity at all stages of employment, including hiring and termination.

What is a severance payment and when does it apply?

Severance is not always mandatory but may be contractually agreed, required by collective agreement, or awarded in court judgments for unfair dismissal or operational redundancies.

What role does the works council play during hiring and firing?

In companies with a works council, the employer must inform and consult the council before dismissals and, in some cases, during hiring, especially if collective agreements apply.

Can temporary or fixed-term employees be dismissed easily?

Employers often cannot terminate fixed-term contracts without cause unless such a provision is specifically included in the contract. Otherwise, the contract runs until the agreed end date.

What is a reference letter (Arbeitszeugnis) and how do I get one?

Every employee is entitled to a written reference (“Arbeitszeugnis”) after employment ends. The letter must be truthful and describe performance and conduct.

What should I do if I receive a termination notice?

Act quickly. Review the notice for legal validity. If you believe it is unjustified, contact a lawyer and consider filing a claim with the local Arbeitsgericht within three weeks.

Additional Resources

Those seeking further help or information can contact the following:

  • The local Arbeitsagentur (Employment Agency): Offers advice on employment law, benefits, and job placement services.
  • Schleswig-Holstein Chamber of Labour (Arbeiterkammer): Provides legal information and counseling to employees.
  • Local works councils (Betriebsrat): Represents employee interests within companies and assists with disputes.
  • Meldorf Local Labor Court (Arbeitsgericht): Handles disputes related to hiring, firing, and employment issues.
  • Lawyer referral services: Available through the regional bar association (Rechtsanwaltskammer Schleswig-Holstein).

Next Steps

If you need legal help regarding hiring or firing in Meldorf, Germany, consider these steps:

  1. Document all relevant communications and keep copies of employment contracts, termination notices, and correspondence.
  2. Consult with your works council or union representative if applicable.
  3. Seek advice from a specialized employment lawyer, especially if you are facing dismissal or contract disputes.
  4. Contact local agencies or organizations for information and support.
  5. If you wish to challenge a dismissal, act quickly as strict deadlines apply—often only three weeks to file a court claim.
  6. Attend any meetings or hearings as required and prepare your case with all available evidence.

Being informed and proactive is the best way to protect your rights and ensure fair treatment under the law.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.