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Rechtsanwälte & Notar Kasten, Westphäling, Kasten

Tellingstedt, Germany

English
Rechtsanwälte & Notar Kasten, Westphäling, Kasten is a well-established law firm in Germany, offering comprehensive legal services in the areas of employment law, family law, and general practice. With decades of collective experience, the firm’s attorneys and notaries are recognized for their...
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About Labor Law in Tellingstedt, Germany

Labor law (Arbeitsrecht) in Tellingstedt, as part of Schleswig-Holstein and Germany as a whole, governs the relationship between employers and employees. It covers a wide range of topics including employment contracts, working conditions, termination, wage protection, working hours, and employee rights. The purpose of labor law is to create a balanced framework that protects the interests and rights of both parties while supporting fair and safe working environments. German labor law is known for its comprehensive nature and for providing significant protections for employees.

Why You May Need a Lawyer

Several situations may arise that require the expertise of a labor law lawyer in Tellingstedt. Examples include:

  • Unfair dismissal or termination without proper cause
  • Conflict over job references, wages, or bonus payments
  • Discrimination or harassment at the workplace
  • Unlawful changes to employment contracts
  • Issues around maternity leave, parental leave, or sick leave
  • Problems with overtime or working hours
  • Collective bargaining issues or works council disputes
A lawyer can help clarify your rights, represent you in negotiations or court, and ensure you receive fair treatment as per German law.

Local Laws Overview

Labor law in Tellingstedt is based on national German law, shaped by statutes such as the Bürgerliches Gesetzbuch (BGB - Civil Code), Kündigungsschutzgesetz (KSchG - Protection Against Dismissal Act), Arbeitszeitgesetz (ArbZG - Working Time Act), and Betriebsverfassungsgesetz (BetrVG - Works Constitution Act). Local applications may also include collective bargaining agreements (Tarifverträge) and local works council arrangements. Key aspects include:

  • Employment Contracts: Most terms must be provided in writing, including details on job duties, pay, and notice periods.
  • Working Hours: Legally capped at 8 hours per day, extendable to 10 hours under certain conditions.
  • Termination Protection: Employees are protected against unjust dismissal, especially after six months of continuous employment in companies with more than ten employees.
  • Leave Entitlements: Employees are generally entitled to at least 20 days of paid holiday per year based on a five-day workweek.
  • Works Councils: Companies with at least five employees may have a works council to represent employee interests.
  • Equal Treatment: Discrimination based on gender, race, religion, or similar grounds is prohibited.

Frequently Asked Questions

What should be included in my employment contract?

An employment contract should define job title, start date, salary, vacation, notice periods, job duties, and working hours. By law, significant terms must be documented in writing.

How long can my probation period last?

The probation period (Probezeit) usually lasts up to six months. During this time, notice periods for termination are shorter.

When can my employer terminate my contract?

After six months of employment and if your employer has more than ten employees, special protections apply. Termination must be justified by business, personal, or conduct-related reasons. Certain groups (e.g., pregnant women, disabled persons) enjoy additional protection.

What is the minimum notice period for termination?

The statutory minimum is four weeks, either to the 15th or end of a month. Longer periods may apply depending on length of service or contracts.

What should I do in case of unfair dismissal?

Act quickly—file an unfair dismissal claim (Kündigungsschutzklage) at the local labor court (Arbeitsgericht) within three weeks of receiving notice. Seek legal advice promptly.

How much paid vacation am I entitled to?

The statutory minimum is 20 days for a five-day workweek (or 24 for a six-day workweek), but many employers grant more through employment contracts or collective agreements.

What is the maximum number of hours I can be required to work?

Generally, the legal maximum is 8 hours per day, but can rise to 10 hours if balanced with shorter days over a six-month reference period.

What rights do employees have regarding maternity and parental leave?

Pregnant employees are protected from dismissal. Maternity leave includes six weeks before and eight weeks after birth (longer for premature or multiple births). Parental leave (Elternzeit) can be taken for up to three years.

Does my company have to establish a works council?

A works council (Betriebsrat) can be established at workplaces with at least five permanent employees, if employees elect one.

Where can I turn if I experience discrimination or harassment?

You can contact your works council, seek advice from a lawyer, or approach the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes). Legal action may also be pursued.

Additional Resources

If you need further guidance, consider these organizations and resources:

  • Arbeitsgericht Heide: The local labor court for Tellingstedt, assisting with work disputes.
  • Gewerkschaften (Trade Unions): Such as ver.di, IG Metall, or NGG, which offer advice and legal representation to members.
  • IHK (Chamber of Commerce and Industry): Provides information for both employers and employees.
  • Federal Employment Agency (Bundesagentur für Arbeit): Advises on employment questions and social benefits.
  • Local lawyers specializing in labor law: Many legal practices in and around Tellingstedt offer free initial consultations.
  • Antidiskriminierungsstelle des Bundes: Government agency supporting those facing workplace discrimination.

Next Steps

If you require legal assistance related to labor law in Tellingstedt, consider the following steps:

  1. Collect all relevant documents (employment contract, termination letter, communications, pay slips, etc.).
  2. Contact a local labor law attorney for an initial consultation—many offer the first session at no or low cost.
  3. If you’re a union member, reach out to your union for support and representation.
  4. For urgent matters like unfair dismissal, act promptly—German law often requires action within three weeks.
  5. Research further using the resources listed above, and familiarize yourself with your rights and obligations.
  6. If necessary, file a case with the local labor court (Arbeitsgericht Heide), often without high legal costs.
Taking early and informed action is key to protecting your rights under labor law in Tellingstedt, Germany.

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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.