Chancellery Pilarski

Employment law

Labor law is divided into collective and individual labor law. The main labor law that is of interest to citizens is individual law. In particular, this involves the contractual legal relationships between employer and employee. The disputes are regularly about dismissals, claims for wage payments, claims for the issuance of a simple and qualified job reference.

In the context of these legal matters, social law must not be lost sight of. Terminations and salary payments can have an impact on claims against the employment agency or health insurance companies. An extraordinary termination without notice can, for example, regularly lead to the terminated employee having to accept a blocking period for receiving unemployment benefits. This should be avoided with competent advice and representation.

Even if a dismissal by the employer is effective, it is important to get the best out of the case. It is extremely important that the employee receives any wage arrears. In addition, severance payments by the employer are considered. There is no legal entitlement to these, but they can be negotiated. Employers often accept severance pay to get things done without a judgement, the outcome of which is often uncertain. Extraordinary terminations without notice must be "done out of the world", since they can not only lead to a blocking period for the employee, but also give a bad impression of the employee to new potential employers in the future. In this context, it can be stated in comparison that the employment relationship was terminated by a termination for operational reasons, which regularly removes the basis for the blocking period. In addition, the employee needs a good job reference for further professional advancement. This must be worded benevolently so that the employee's professional advancement is not made unnecessarily difficult.

All of this has to be enforced before the labor court. Although there is no obligation to hire a lawyer before the labor court, it is strongly recommended to seek legal advice due to the complexity and the far-reaching consequences that can occur!

Certificate of employment

If you have ended your employment or the end is foreseeable because the time limit or notice period is expiring, then you are dependent on receiving a reasonable reference from your employer. If the relationship between you and the employer has always been good, you may have nothing to fear. If the employment relationship was possibly tense due to a unilateral termination, the question arises as to whether an employment reference is issued and your rights in this regard.

The job reference is an important means of applying to potential new employers and showing that previous employers have always appreciated your work. However, if your employer was not well-disposed towards you, a bad job reference could make your further professional career considerably more difficult.

At this point I can help you. On the one hand, there are simple and, on the other hand, qualified job references. The legal basis for issuing a certificate lies in § 109 GewO and § 630 BGB. In principle, the employee is entitled to a written reference after the end of the employment relationship. The certificate must contain at least information on the type and duration of the activity (simple job reference). However, the employee can also demand that the information also extends to performance and behavior in the employment relationship (qualified reference). The certificate must be worded in a benevolent manner, which means it must serve the employee's professional advancement.

If you have received a reference that you feel is unsatisfactory because it does not reflect your performance or conduct, please contact me. I will check the reference for legal objections and recommend further action, which can even end in a lawsuit for the issuance of a work reference.

Pregnancy and maternity protection

Have you just found out that you are pregnant and, despite all the luck, are confronted with a multitude of legal problems or even overwhelmed? I'm happy to help!

There are many things to consider during pregnancy: if you are employed, you may be unable to work due to illness. Because of pregnancy-related illnesses, the doctor can issue you with an employment ban under the MuSchG, so that you can no longer perform your work. How do you make a living then?

Your employment may expire during pregnancy because it was limited. As a pregnant woman, do you always enjoy protection against dismissal?

It is important to clarify which possible entitlements to social benefits you are entitled to. In principle, you have received a wage or salary as a result of your employment relationship. Applications for sickness benefit, parental benefit, maternity leave benefit, child benefit or unemployment benefit must now be submitted. This depends on the respective constellation of personal and economic circumstances in which you find yourself.

As you can see, many unanswered questions remain. Feel free to contact me so I can help you!

Unfair dismissal lawsuit

The employment relationship is an existential contractual relationship for every human being. People make their living from the wages they earn from their employment. It is all the worse when an employee's employment is terminated. This can take the form of ordinary or extraordinary termination without notice.

The consequences are fundamentally serious. On the one hand, the employee does not have to pay the monthly wages. As if this wasn't difficult enough, situations can arise in which the employee is blocked from receiving the unemployment benefit to which he is fundamentally entitled by the employment agency, to the detriment of the employee.

Therefore, it is important to always have a termination by the employee legally reviewed. There are a number of points of attack for both ordinary and extraordinary termination without notice that employers ignore. Many mistakes can happen at this stage. In particular, the three-week notice period must be observed. If this deadline is not met, the termination, even if legally ineffective, will be treated as effective. A lawsuit has no prospect of success. Your employment relationship has ended.

I can help you here: You can show me your contract of employment and the letter of termination. I will examine your case and will give you a final assessment and recommendation for further action!

Wage and salary payment

Every employee who enters into an employment relationship with an employer is entitled to wages and salaries on the basis of the employment contract. In addition to the performance of the work by the employee, this represents a main obligation to perform. Citizens make their living from the wage and salary payments. You pay the rent, the electricity, water, heating bills, the telephone bill and much more.

Now it happens that an employer does not pay the wages or does not pay them on time, although the employee performs his work properly. In this case, you must act urgently!

On the one hand, you may suddenly no longer be able to finance your livelihood. On the other hand, it must be taken into account that claims from the employment relationship must be asserted in writing within three months according to the corresponding contractual clauses, otherwise they will be irretrievably lost. This is to be avoided. If you find yourself in this situation, do not hesitate to contact me.