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Rechtsanwälte Post & Giese

Rechtsanwälte Post & Giese

Ludwigslust, Germany

Founded in 1999
English
Established in 1999, Rechtsanwälte Post & Giese has been a cornerstone of legal expertise in Ludwigslust, Germany. The firm offers comprehensive legal services across multiple disciplines, including criminal justice, elder law, estate planning, family law, labor relations, and general practice....
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About Labor Law in Ludwigslust, Germany

Labor Law in Ludwigslust, as elsewhere in Germany, is designed to protect both employees and employers in the workplace. It encompasses various regulations governing employment contracts, workplace conditions, employee rights, termination procedures, and social security. German Labor Law is comprehensive and is derived from federal statutes, collective bargaining agreements, and, where applicable, local regulations. Ludwigslust, being part of the German state of Mecklenburg-Vorpommern, follows the national framework with some local administrative practices.

Why You May Need a Lawyer

There are several common situations in which individuals or businesses in Ludwigslust might require legal support in Labor Law:

  • Unfair Dismissal: If you believe you have been terminated without proper cause or notice.
  • Employment Contracts: When reviewing or negotiating a new employment contract, or interpreting specific clauses.
  • Workplace Discrimination: If you experience or witness discrimination based on age, gender, religion, or other protected characteristics.
  • Severance Pay Disputes: Clarifying entitlements or contesting severance compensation.
  • Bullying and Harassment: Seeking remedies for inappropriate workplace conduct.
  • Wage and Overtime Claims: If you are owed unpaid wages, bonuses, or overtime compensation.
  • Parental or Sick Leave: When issues arise regarding your right to leaves and benefits.
  • Social Security Matters: Navigating claims or disputes related to unemployment or pension benefits.
  • Business Reorganization: For employers dealing with restructuring, layoffs, or corporate changes affecting employees.
Legal guidance ensures that your rights are protected and relevant procedures are properly followed.

Local Laws Overview

Labor Law in Ludwigslust aligns closely with German federal law, most notably the Bürgerliches Gesetzbuch (BGB, Civil Code), Kündigungsschutzgesetz (KSchG, Protection Against Unfair Dismissal Act), and Arbeitszeitgesetz (Working Hours Act). Local labor courts (Arbeitsgericht) in Mecklenburg-Vorpommern handle employment disputes. Key aspects include:

  • Termination Procedures: Employees generally have strong protection against unfair dismissal. Notice periods depend on tenure and contract terms, and dismissals must follow formal protocols.
  • Working Hours: Standard workweek is typically 40 hours. Overtime should be compensated or given as time off, depending on contract terms and collective agreements.
  • Wages: Minimum wage laws apply. Additional stipulations may come from industry-specific collective agreements.
  • Leave Rights: Annual paid vacation, parental leave, and sick leave are protected under federal law and must be observed by employers.
  • Equality and Non-Discrimination: Laws prohibit workplace discrimination based on race, gender, age, disability, religion, or sexual orientation.
  • Workplace Safety: Employers must comply with regulations ensuring safe and healthy working environments.
Regional offices of the labor inspectorate (Gewerbeaufsichtsamt) and social security agencies provide additional oversight and support.

Frequently Asked Questions

What should I do if I believe I was unfairly dismissed?

If you think your termination was unjust, you should seek legal advice promptly. In Germany, you typically have three weeks from the date of termination to file a claim with the labor court. Document all communications and consult a labor law attorney to evaluate your options.

Are there limitations to working hours in Ludwigslust?

Yes, the Working Hours Act (Arbeitszeitgesetz) sets limits. Standard working hours should not exceed 8 hours per day (48 hours per week), extendable to 10 hours if averaged down, with proper breaks.

How much notice must I give or receive when ending employment?

Notice periods depend on the contract, collective agreements, and length of employment. The statutory minimum notice is four weeks, but longer periods apply with longer seniority. Always check your contract and seek legal advice for specifics.

What protections exist against workplace discrimination?

The General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) strictly prohibits discrimination based on race, gender, religion, age, disability, or sexual orientation. Victims have the right to file complaints and seek compensation.

Can I claim overtime, and how is it compensated?

Employees are entitled to compensation for overtime work. Payment protocols depend on the employment contract, company policy, or collective agreement—compensation may be in wages or time off.

How many vacation days am I entitled to?

The statutory minimum is 20 days per year for a five-day workweek, but many employers offer more, and collective agreements may stipulate additional days.

What should I know about parental leave?

Employees are eligible for up to three years of parental leave per child. During this time, your job is protected. Applications must be submitted in writing, and employers cannot refuse statutory parental leave.

What steps should I take if I experience workplace harassment or bullying?

Document incidents, report the issue to your employer or works council, and, if unresolved, contact a labor law lawyer. There are legal remedies and protections available to you.

Can my employer terminate me without warning?

Immediate dismissal without prior warning is only possible in cases of serious misconduct. Otherwise, employers must provide appropriate notice and follow due process as per contract and law.

Where do I go if I want to file a complaint or lawsuit about a labor issue?

The local labor court (Arbeitsgericht Schwerin covers Ludwigslust) handles employment disputes. Consulting with a labor law lawyer or your local worker’s council can guide you through the process.

Additional Resources

Useful organizations and government agencies for Labor Law inquiries in Ludwigslust:

  • Arbeitsgericht Schwerin: The local labor court for employment disputes.
  • Agentur für Arbeit Ludwigslust: The local employment agency provides information on rights, obligations, and job assistance.
  • Gewerbeaufsichtsamt: The regional authority overseeing workplace safety and compliance.
  • Gewerkschaften (Unions): Trade unions can assist with workplace disputes and employee rights.
  • Anwaltskammer Mecklenburg-Vorpommern: The regional bar association can help you find qualified labor law attorneys.
  • Works Council (Betriebsrat): If available at your workplace, the council offers support and guidance in employment matters.

Next Steps

If you need legal assistance in Labor Law in Ludwigslust:

  • Assess your situation: Gather documents such as contracts, communication, and evidence related to your case.
  • Consult a specialist: Seek out a certified labor law attorney familiar with local procedures.
  • Contact local authorities or unions: They may provide advice or mediation services.
  • Act promptly: Many rights—including claims for unfair dismissal—have strict deadlines.
  • Prepare for meetings: Bring all relevant documentation to your lawyer or the authorities to ensure informed advice.
Labor Law can be complex, but reliable support and resources are available locally to help you navigate your rights and obligations within the workplace.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.