What Does an Employment Lawyer Do?
An employment lawyer is a lawyer who primarily specializes in labor law. The employment lawyer does not have to have a specialist lawyer title.
It is not an official title. However, he is a lawyer specializing in employment law. This also includes training following the Vocational Training Act.
When Do You Need an Employment Lawyer?
Employment lawyers can represent employees or employers. They take care of dismissal protection or severance pay as well as a warning and the like.
The employment lawyer also deals with questions about the employment contract or part-time or parental leave.
Even if the employment relationship has already ended, the lawyer can still deal with outstanding wages or correct an employment reference.
In collective labor law, the employment lawyer takes care of employee participation or collective bargaining issues, as the collective bargaining parties do not do it themselves.
A lawyer who is competent in labor law can also work for or alongside the trade unions or the employers’ association in the event of strikes and lockouts. An employment lawyer can also represent the works council.
The employment lawyer often works on related areas of law such as tax law or social law.
Unemployment benefits following a dismissal can be just as much a task for the employment lawyer as an accident at work or a disability pension.
A medical report is required for retirement. Often, the process is accompanied by a termination due to illness.
A lawyer can also support the transition from regular work – possibly via partial retirement – to retirement pensions.
How Employment Lawyer Can Help
Collective labor law deals with rights and obligations that relate to the workforce as a whole, for example, collective bargaining parties or works councils.
In practice, however, individual labor law already plays a more significant role in purely numerical terms. This is about the specific relationship between employer and employee. Particular fields of activity are therefore in practice:
- Preparation and review of employment contracts.
- Representation in the context of dismissal protection suits.
- Support with out-of-court settlements such as severance payments or termination agreements.
- The advice in the event of warnings.
- Examination of individual options for action
The range of services for employers includes:
- General advice on personnel matters, for example, drafting employment contracts, warnings, or letters of termination.
- What are your obligations as an employer regarding occupational health and safety and data protection for your employees’ data?
- Negotiations with the works council.
- When is a freelancer considered to be self-employed? How do I, as an employer, have to react to this?
- Are you planning a sale, closure, or other organizational changes? Everything about business transfers and restructuring.
The problem with labor law is that there is no general labor code but that the labor law provisions for employees and employers are spread across a large number of regulations.
This means that employers and employees cannot determine labor law by looking at a single law but that a multitude of laws must be taken into account.