Schutz von Arbeitnehmenden am Arbeitsplatz

In working practice, despite long-term employment and high levels of commitment on the part of the employee, different reasons for disagreements with superiors and colleagues. This can be due, on the one hand, to the fast-paced nature of the business landscape, as a change in company ownership due to business sales, operational changes, or personnel changes in management often also results in a change in the immediate superior. This can quickly lead to serious changes in the corporate culture, which in turn can have a significant impact on cooperation within the company and on working conditions.

On the other hand, many companies are currently facing cost-cutting measures. The main reason for this – in light of the looming recession in industrialized and emerging markets – is a decline in German exports, which will be reflected in Germany's overall economic output. In addition, the increasing automation of work processes is leading to a growing redundancy of work performed by employees.

Against this background, many employees are confronted with unjustified disputes or warnings that lead to negative entries in their personnel files without the employee being given the opportunity to explain their point of view.

Disputes with the employer – what should be done?

At a Termination There are often many unanswered questions for employees due to employers.

I'm still in my probationary period and was terminated by my employer without cause. Can I successfully appeal this termination, or is there no point?

Contrary to popular belief – even among lawyers, who only deal with labor law marginally – employees are not subject to the mere arbitrary decisions of their superiors. Special protection against dismissal for pregnant women or severely disabled people also begins upon signing the employment contract. However, this requires that the human resources department or employer is aware of the severe disability or pregnancy. If a works council or staff council exists, these bodies must be consulted before a dismissal is announced. When dismissing a severely disabled person, prior approval from the Integration Office must be obtained. Legal representation is recommended in such proceedings, because once the Integration Office's approval has been granted, it can only be challenged in court.

I fear serious consequences if I sue my employer. What can I do in this case?

You don't always have to sue your employer! There are several labor law tools available that can achieve significant success in out-of-court disputes between superiors and employees. The situation is different for all types of dismissals, such as dismissals with a change of terms or dismissals based on suspicion on the part of the employer. In cases of this kind, legal action is necessary for reasons of effective legal protection.

Rogert & Ulbrich recommends that employees take immediate action

Do you feel unfairly treated? You don't have to let it go! We offer you a professional and free initial consultation. You send us all necessary documents (Employment contract, possible amendments, termination, payroll) and we will prepare for you within 24 hours a draft lawsuit and an out-of-court dismissal letter to your employer.

If you do not have employment law legal protection insurance There is the possibility of a mandate with self-payment. In labor law, the Cost issue The principle: Each party bears its own costs in first instance proceedings, even if it wins.

Also the possibility legal aid Applying for legal aid is provided for in labor law. If you are unsure whether you are eligible to apply for legal aid, we would be happy to advise you on this matter.