Labour law for employers

Carry out legally compliant terminations

Termination is one of the most critical moments in an employment relationship and requires the utmost legal precision. Mistakes in termination can lead to lengthy court proceedings, high severance payments and considerable damage to reputation. German dismissal protection law is complex and places high demands on the grounds and procedure.

In the case of ordinary dismissals, you must be able to prove one of the three legal grounds for dismissal: operational, behavioural or personal reasons. Each of these grounds is subject to strict legal requirements. Redundancies for operational reasons require a proper social selection process, redundancies for behavioural reasons usually require a prior warning, and redundancies for personal reasons require proof of permanent incapacity to perform. Extraordinary dismissals are only possible in the event of serious breaches of duty and must be carried out within two weeks.

Drafting legally compliant employment contracts

A well-drafted employment contract is the foundation of a successful employment relationship and protects your company from future disputes. Modern employment contracts must comply with current legal requirements while also safeguarding the interests of your company. Since 2025, employment contracts can also be concluded in digital form, which brings new opportunities but also new legal pitfalls.

Clauses relating to working hours, remuneration, secondary employment, confidentiality and non-competition deserve particular attention. Ineffective clauses can not only cause legal problems, but also lead to unwanted claims from employees. Fixed-term employment contracts are subject to special regulations and can only be extended multiple times under certain conditions.

Issuing effective warnings

A warning letter is an important tool in human resources management and often a prerequisite for subsequent dismissal on grounds of conduct. However, it must be legally correct in its wording and justification in order to be effective. An ineffective warning letter may not only fail to achieve its purpose, but also cause legal problems.

The warning letter must describe the objectionable behaviour in concrete terms, make it clear that it constitutes a breach of duty, and demand a change in behaviour in the future. At the same time, it must be proportionate and must not be used as harassment. In the event of repeated breaches of duty, a warning letter can pave the way for dismissal on grounds of conduct, provided that it has been issued properly.

Using termination agreements strategically

Termination agreements offer employers an elegant way to terminate employment relationships by mutual consent while minimising legal risks. They avoid lengthy dismissal protection proceedings, create legal certainty and enable a discreet separation. They are a valuable tool, especially in problematic employment relationships or during restructuring phases.

However, negotiating a termination agreement requires a strategic approach and legal expertise. The amount of any severance pay, the terms of leave of absence, the provisions regarding employment references and confidentiality, as well as tax aspects must be carefully considered. A well-negotiated termination agreement can be significantly less expensive than a contentious dismissal followed by legal proceedings.

Creating legally compliant employment references

The employment reference is a sensitive issue that must take into account both the interests of the employer and the rights of the employee. It must be truthful and well-intentioned, but it must also reflect the actual performance and conduct of the employee. The language used in references follows established codes that are understandable to experts.

An incorrect employment reference can lead to claims for rectification, damages or even injunctive relief. At the same time, an overly positive reference in the case of obviously poor performance can cause legal problems if it misleads other employers. Striking the right balance between truth and goodwill requires experience and legal expertise.

Managing works councils and co-determination

Working with the works council is a particular challenge for many employers. Works constitution law grants the works council extensive co-determination rights, which can lead to significant legal and practical problems if not observed. At the same time, constructive cooperation offers opportunities for better corporate governance.

When it comes to personnel measures such as hiring, transfers or dismissals, the works council often has a right of co-determination or must at least be consulted. Violations of these procedures can render measures ineffective or lead to claims for damages. Early involvement and transparent communication with the works council is therefore essential.

Ensuring compliance and occupational safety

Modern companies must comply with a wide range of labour law requirements. These include working time laws, minimum wage regulations, data protection regulations and occupational health and safety regulations. Violations can not only result in fines, but also give rise to liability on the part of management.

In particular, the documentation of working hours, compliance with break regulations and the proper accounting of overtime are frequent points of contention. With increasing digitalisation, new challenges are emerging, such as the legally compliant design of home office regulations and the handling of digital monitoring options.

Current developments in labour law 2025

Labour law is constantly evolving and bringing new challenges for employers. In 2025, the focus will be on the digitalisation of the world of work, new regulations on working from home and the increase in the minimum wage to €12.82. Case law on digital employment contracts and the use of artificial intelligence in the workplace are also gaining in importance.

The new possibilities for digital employment contracts offer opportunities for more efficient processes, but also require compliance with new legal requirements. At the same time, changing forms of work are raising new questions about working time recording and occupational safety. Proactive adaptation to these developments protects against legal risks and creates competitive advantages.

Why I am the right lawyer for your company

With my specialisation in labour law and my experience with both employees and employers, I understand the needs and challenges of companies. My law firm in Berlin-Zehlendorf offers you practical advice that is both legally sound and economically sensible. I am familiar with the Berlin labour courts and their ruling practices from many years of experience.

My clients particularly appreciate my quick availability, my clear recommendations for action and my transparent cost structure. Through my empathetic but determined negotiation style, I regularly achieve good results for the companies I represent. In doing so, I always ensure that the solutions are not only legally correct but also practically feasible.

Training as a specialist lawyer for labour law

Specialisation through continuous training

I am continuously expanding my expertise through targeted further training to become a specialist lawyer for labour law. This in-depth specialisation ensures that my clients always receive advice that is up to date with the latest legal developments.