Best Hiring & Firing Lawyers in Neubrandenburg

About Hiring & Firing Law in Neubrandenburg, Germany

Hiring and firing (employment law or "Arbeitsrecht") in Neubrandenburg, Germany, is governed by national and regional German labor laws. The regulations are designed to protect both employers and employees in the hiring process, during ongoing employment, and through the termination process. The law ensures fair treatment, sets specific requirements for employment contracts, notice periods, grounds for dismissal, and protects employees from unlawful termination. Both large and small businesses, as well as employees, should be aware of these rules to ensure legal compliance and protect their rights.

Why You May Need a Lawyer

Legal advice is often needed in the following situations related to hiring and firing in Neubrandenburg:

• Drafting or reviewing employment contracts to ensure legal compliance
• Understanding employee rights and employer obligations under German and regional law
• Disputes regarding terminations, dismissals, or layoffs (individual or collective)
• Advice on discrimination or wrongful termination claims
• Issues with notice periods or severance pay calculations
• Representation in labor court (Arbeitsgericht) proceedings
• Guidance for managing probationary periods and fixed-term contracts
• Navigating disputes about working hours, leave, or overtime
• Prevention or resolution of harassment or unfair treatment in the workplace
• Employer restructuring and employee downsizing (redundancies, social plans)

Local Laws Overview

Neubrandenburg, like the rest of Germany, is subject to national labor laws, but there can be regional differences and local practices that impact the application of these rules. Key legal frameworks include the German Civil Code (BGB), the Kündigungsschutzgesetz (Law on Protection Against Dismissal), and various collective bargaining agreements ("Tarifverträge").

• Employment Contracts: Contracts must outline key terms such as wages, working hours, and duties. Written contracts are highly recommended.
• Probation Periods: Employers can agree to a probationary period (typically up to six months) during which termination requirements differ.
• Termination of Employment: Both employees and employers must observe statutory notice periods. The Kündigungsschutzgesetz offers strong protections against dismissal for most employees after six months of employment and companies with more than 10 employees.
• Grounds for Dismissal: Dismissals must be justified—reasons include conduct, personal capability, or business needs. Unjustified termination can lead to legal challenges.
• Special Protection: Extra protections apply to specific groups, such as pregnant employees, parents on parental leave, disabled persons, and members of works councils ('Betriebsrat').
• Severance Pay: Not automatically required in all cases but often negotiable, especially in disputes or collective redundancies.
• Collective Agreements: Certain industries or regions, including Neubrandenburg, may be covered by sector-specific collective agreements influencing hiring and firing practices.

Frequently Asked Questions

What is the minimum notice period for firing an employee in Neubrandenburg?

The statutory minimum notice period is usually four weeks to the 15th or end of a calendar month. However, it can increase depending on the length of service and specific contract terms.

Can an employer terminate an employee without reason?

During probation, termination without specific reason is possible with short notice. After probation, terminations require valid reasons, and the employee is protected under the termination protection law if the employer has more than 10 employees.

Do employment contracts need to be in writing?

While oral contracts are legally valid, written contracts are highly recommended to prevent misunderstandings and comply with new legal requirements for certain employment details to be provided in writing.

Is severance pay mandatory upon termination?

Severance pay is not always mandatory. It may be required if stipulated in a contract, collective agreement, or as part of a settlement in labor court, or in case of redundancies under certain conditions.

Are fixed-term contracts allowed in Neubrandenburg?

Yes, fixed-term contracts are permitted but must follow strict legal requirements. Maximum duration and extension rules apply, and unjustified successive fixed-term contracts are not allowed.

What can an employee do if they think they were unfairly dismissed?

The employee can file a claim at the local labor court ("Arbeitsgericht") within three weeks of receiving the dismissal notice. It's advisable to consult a lawyer for guidance.

How does redundancy work in Neubrandenburg?

Terminating employment due to business needs or economic reasons must follow a "social selection" process, considering factors such as service length, age, and family status. Social plans may be negotiated with the works council.

Are there special termination protections for certain employee groups?

Yes. Pregnant employees, employees on parental leave, heavily disabled persons, and members of the works council have special protection against dismissal and require consent from relevant authorities before termination.

What is a works council and does every company need one?

A works council ("Betriebsrat") is a representative body for employees in companies with at least five employees. It has consultation rights regarding hiring, transfers, and dismissals but is not mandatory unless employees initiate its formation.

Is legal representation required at the labor court?

In the first instance before the local labor court, individuals can represent themselves, but legal representation is strongly recommended because of the complexity of employment law and the potential consequences of mistakes.

Additional Resources

Those seeking more information or formal support in Neubrandenburg can contact:

• Neubrandenburg Labor Court (Arbeitsgericht Neubrandenburg): Handles employment disputes within the local jurisdiction.
• Chamber of Industry and Commerce (Industrie- und Handelskammer): Offers advice and seminars on employment law.
• German Federal Employment Agency (Bundesagentur für Arbeit): Provides information on employment rights, redundancies, and job searching.
• Trade Unions and Employee Associations: Offer legal support and advice to their members facing workplace disputes.
• Local Employment Lawyers ("Fachanwälte für Arbeitsrecht"): Specialized attorneys can provide tailored advice for both employees and employers.

Next Steps

If you require legal assistance regarding hiring or firing in Neubrandenburg:

1. Makes notes of all events, contracts, letters, or emails relating to your employment situation.
2. Contact a local attorney specializing in labor law (“Fachanwalt für Arbeitsrecht”) for a consultation.
3. If you are an employee and a member of a union, reach out to your union's legal department for support.
4. Consider contacting the Neubrandenburg Labor Court for general guidance on procedural matters.
5. For urgent terminations, remember there is usually a three-week deadline to challenge dismissals—seek advice promptly.
6. Be prepared to provide documents such as your employment contract, termination letter, and any correspondence about your employment.