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If you open the phone book to find a lawyer for employee, you will discover numerous entries. The list does not reveal which lawyer is the right choice in your particular situation. The answer to this question depends on your personal advice needs as well as the qualifications and experience of the lawyer.
Lawyers also specialize in labor law. Certain lawyers in the law firms draw up contracts for employers. Others focus on workers and consider layoffs. Still, other lawyers have specialized in the area of dismissal protection lawsuits and lawsuits.
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The labor lawyer and his cases
A specialist lawyer for labor law can help you, for example, in cases like these:
- Determination of notice periods
- Checking a cancellation contract
- Challenge a change notice
- Negotiate or review severance pay
- Drawing up or checking an employment contract
- Enforcement of employment ban
- Checking and challenging a termination
- Advice on parental leave or returning from parental leave part-time
- Action against a warning
- Check and create a job reference
- Check the vacation compensation
- Enforcing the minimum wage
- Termination in pregnancy
- Support and mediation in cases of bullying
- Examination of a social selection carried out on the occasion of a mass layoff
First of all, you should check what kind of cases a labor lawyer targets. For example, these directions are possible:
- Employer law: The employers seem to be in a more powerful position in everyday business life. However, if you try to conclude a termination or termination agreement with severance pay in labor law, you should always seek legal advice. The German labor courts tend to decide in favor of the employees. Even the smallest mistakes in the procedure can make the termination or the cancellation contract vulnerable.
- Labor law: An employee alone cannot compete against a large employer. Therefore, he can seek help with legal advice on labor law. Whether dismissal, bullying in the company, difficulties in interpreting the employment contract, or seemingly impossible agreement on the location of the vacation – a specialist lawyer for labor law helps you to your right.
- Advising works councils and staff councils: Staff councils and works councils also sometimes need legal advice in labor law, for example as representation in a legal proceeding or in the arbitration board. The chosen lawyer should be particularly familiar with collective labor law, especially works constitution law.
It is not necessarily contradictory for an employment lawyer to represent workers and employers alike. This can even be an advantage for you as a client because the lawyer also knows the views and scope of action of the other side. This enables him to make more informed arguments and has a better negotiating position when trying to settle out of court.
The law firm, lawyer or specialist lawyer for labor law?
Before you can choose an attorney for employment law, you should generally be aware of the type of attorney you need. A lawyer specializing in labor law, after completing his nine-semester studies with a subsequent legal clerkship and two state exams, specialized in the field of labor law and sometimes also trained in this area. However, he is not authorized to hold the specialist lawyer title.
The specialist lawyer for labor law is different – he has proven the prerequisites in accordance with the regulations for specialist lawyers and thus has special knowledge and extensive professional experience in labor law. However, if you contact a law firm specializing in labor law, you can find both types of lawyers. What is unique here is the great know-how that you can fall back on. After all, numerous experienced lawyers for labor law work together here.
If you consider the qualification in isolation, the specialist lawyer for labor law or a corresponding law firm is the best choice. In practice, however, you should also consider the costs involved. The higher legal costs for a specialist lawyer are worthwhile if you are dealing with a lot of money or your long-term job is at risk. With smaller claims or clear cases, a normal lawyer for labor law will often be enough.