German labour law – Arbeitsrecht in Englisch

The German legal system is very different compared to the Anglo-American system. Especially in German labour law there are many specifics, such as the right of termination and the unique rights of works councils. Knowledge in German labour law helps you to avoid failings and to perform strongly in your business. In this seminar, you will receive an introduction and a substantial overview of the employment law in Germany – including the participation of the works council in German companies.

Conclusion and terms of the employment contract – the basics

• Form of employment contracts: Verbal or written?
• Application procedure - what may be asked, what not?
• The AGG in the current employment relationship
• Probation time, temporary work contract
• Vacation, long hours
• Special employment relationships: fixed-term contracts
• Also specially regulated: Part-time work, parental leave & Co.

Rights and obligations arising from the employment relationship

• Duty to work and remuneration – the main duties of both parties
• Employer's right of direction
• Contractual secondary obligations – overview
• Illness and incapacity for work – the new certificate of incapacity for work in use
• Vacation, vacation and illness, vacation and parental leave – many questions and legally secure answers
• Poor performance of employees
• Disciplinary actions: warnings versus reprimands

Works council and the requirements of the German Works Constitution Act (BetrVG)

• Cooperation between employer and works council
• Important obligations of employers
• Basic tasks and responsibilities of a works council
• Information, consultation and co-determination – overview
• Works council involvement throughout the lifecycle of the employment relationship
• Role of works agreements and collective bargaining agreements

 Termination of an employment contract (dismissal)

• Formalities, termination with/without notice
• Redundancies due to business operations
• Dismissal for wrong conduct and alternative routes of dismissal
• Termination for personal reasons
• Involvement of the works council in dismissals: hearing and reaction options (consent/objection)

Litigation in the labour court