Employment lawyer germany
Attorney Kai Müncheberg
Have you been dismissed or do you have questions about severance pay or a termination agreement?
- 100% free and non-binding initial estimate
- Expert for dismissal protection claims
- Settlement and termination negotiations
Employment Lawyer Germany
Labor law focuses on the legal relationships between employees and companies, but also on the relationships between employee representatives (such as trade unions and works councils) and the corresponding employer representatives. The legal basis is formed by a complex system of various regulations: from individual employment contracts to internal company agreements and collective bargaining agreements to statutory provisions. This diversity and complexity often makes it necessary to seek the support of a lawyer specializing in labor law.
Warning letter & termination
- Review of warnings and dismissals
- Negotiation of termination agreements and severance pay claims
- Support during corporate restructuring and social plans
Termination agreement
- Negotiation of termination agreements and severance payments
- Review of terminations with severance pay offers (Section 1a of the German Employment Protection Act (KSchG))
- Enforcement of qualified employment references
Employment contracts
- Analysis and drafting of employment contracts and supplementary agreements
- Advice on probationary periods, working from home, and remuneration models
- Expert support during parental leave, severe disability, and reintegration
The complex field of labor law covers all legal aspects between employees and their employers. As an experienced labor law attorney in Leverkusen, I assist both individual employees and collective employee representatives in their negotiations and legal matters. The foundation of these legal relationships is based on a well-thought-out system of various legal levels: from personal employment contracts and company agreements to comprehensive collective bargaining agreements and legal provisions. Due to this complex legal situation, it is advisable to seek expert advice from a specialized labor law attorney who can competently guide clients through labor law challenges.
Employment Lawyer Germany
Employees
In the event of termination or a proposed termination agreement, I am here to support you as your labor law attorney in Leverkusen and as an experienced labor law expert. My priority is to develop the best possible strategy for you, taking your personal circumstances into account.
Every situation requires an individual approach: Do you already have a new employer in sight? As a labor law attorney in Leverkusen, I focus on negotiating the best possible severance package. If, on the other hand, you need time to reorient your career, I will also advocate for paid leave and a meaningful job reference.
My many years of expertise in labor law enable me to accurately assess the strategies and approaches of employers. I use this valuable knowledge to your advantage—because in labor law disputes, there are usually opportunities for negotiation.
I also offer sound advice on other labor law issues such as organizing your parental leave, reference questions, or the correct handling of warnings. In all cases, we work with you to develop a tailor-made solution for your individual situation.
Employment Lawyer Germany
Employers
As a labor law attorney in Leverkusen, I am familiar with the complex challenges that German labor law poses for companies on a daily basis. With my many years of expertise in labor law, I can help you meet these requirements in a legally compliant manner and effectively protect your company.
My consulting approach is always forward-looking and practice-oriented: as a labor law attorney in Leverkusen, I draft your employment contracts to be legally compliant from the outset and consistently take current case law into account. I place particular emphasis on developing practical clauses that will also stand up to judicial review – whether in the context of making working hours more flexible, drafting legally compliant home office regulations, or formulating effective non-competition clauses and confidentiality obligations.
When terminations become unavoidable, I guide you through the entire process and ensure that all formal and material requirements are met. In this way, I minimize the risk of successful unfair dismissal claims and create planning security for your company. In addition, I support you in introducing effective compliance guidelines that provide your company with long-term security.
Employment Lawyer Germany
Collective labor law and workplace co-determination
As a labor law attorney, I know that workplace co-determination is a sensitive and complex field that can be a source of conflict on the one hand, but also offers great potential for constructive cooperation on the other. Thanks to my many years of experience as an in-house lawyer at an international company, I am familiar with the challenges and interests of both sides—employers and works councils—from direct experience.
In my work as a labor law attorney in Leverkusen, I focus particularly on the negotiation and drafting of the following in collective labor law:
- Reconciliation of interests and social plans for restructuring projects
- Company-wide and group-wide works agreements that take into account the needs of all parties
- Works agreements, in particular on digitization, working time models, and compliance issues
- Co-determination issues at the company and inter-company level
Thanks to my extensive experience in working with both sides, I offer practical and solution-oriented advice that takes all perspectives into account equally. This special expertise enables me to develop viable solutions based on mutual respect and trust, even in challenging negotiation situations.
Whether you are an employer in need of support with co-determination processes or a works council seeking expert advice in negotiations, I use my experience to develop the best possible solutions for all parties involved.
Employment Lawyer Germany
Termination for operational reasons
In cases of redundancies for operational reasons, I meticulously check the strict requirements developed by the Federal Labor Court. I know that a redundancy for operational reasons is only legally valid if:
- A coherent business concept can be proven
- The specific job is actually being eliminated
- A proper social selection process has been carried out in accordance with Section 1 (3) of the German Employment Protection Act (KSchG)
In my many years of practice as a labor lawyer in Leverkusen, I have repeatedly observed that redundancies for operational reasons often fail due to the following points:
- Incorrect documentation of the business decision
- Inadequate implementation of the social selection process
- Overlooked opportunities for continued employment
I strongly advise you to let me review your dismissal for operational reasons from a legal perspective! I often discover formal errors or deficiencies in the social selection process. In an initial consultation, I will analyze your individual situation and show you all the options available to you.
I would like to leave you with one thought: even if the termination is not legally objectionable, I often see good chances for an appropriate severance payment. The key to success lies in my realistic assessment of your position and a well-thought-out negotiation strategy.
Employment Lawyer Germany
Unfair dismissal claim
When it comes to unfair dismissal claims, swift action is crucial. The strict three-week deadline set out in Section 4 of the German Unfair Dismissal Protection Act (KSchG) is non-negotiable—if it is missed, even an unlawful dismissal becomes effective. In my daily work, I therefore immediately carry out the following checks:
- Formal validity of the dismissal (written form, power of representation, correct delivery)
- Substantive grounds for dismissal and proof thereof
- Compliance with the principle of proportionality, especially if no warning was issued
In my many years of practice as a labor lawyer in Leverkusen, I have seen the following particularly frequently:
- Dismissals without the legally required prior warning
- Conduct-related dismissals with inadequate investigation of the facts
- Errors in the social selection process for dismissals for operational reasons
My urgent advice to you:
Seek my advice promptly! The short deadline for filing a lawsuit does not allow for delays. In the initial consultation, I will analyze your chances of success and estimate possible severance payments. Together, we will develop the optimal strategy for your situation. From my experience, I know that I am often able to achieve a favorable solution for you even before a court proceeding.
Employment Lawyer Germany
Termination Agreement
Don’t rush into signing a termination agreement! Even if the offer seems fair at first glance, in my daily practice as an employment lawyer in Leverkusen, I often see hidden disadvantages that can cost you dearly.
When reviewing a termination agreement, I pay particular attention to three critical aspects:
Firstly: the amount of severance pay. I repeatedly find that employers deliberately set this amount low. However, your negotiating position is usually stronger than you think: your employer needs your signature for a legally secure separation. I will help you make the most of this advantage—with realistic demands to avoid termination.
Second: the impact on your unemployment benefits. I warn you: a hasty termination agreement can lead to a twelve-week waiting period for unemployment benefits – three months without support from the employment agency. However, as a labor law attorney in Leverkusen, I know the legal options for preventing such a waiting period.
Thirdly: hidden waivers. I pay particular attention to the settlement clause, which is almost always included. This clause requires you to waive any claims that are not expressly mentioned, such as overtime, remaining vacation time, or other compensation. I will ensure that you retain your legitimate claims.
In my role as your employment lawyer, I analyze the contract in detail and negotiate the best possible terms for you, including severance pay. Even if you yourself are seeking a termination agreement, for example for a planned change of employer, I will support you in drafting it in a legally compliant manner.
Employment Lawyer Germany
Severance Payment
As a labor law attorney in Leverkusen, I successfully negotiate severance payments for my clients on a daily basis. From my many years of experience, I know that even though the amount of severance pay is not stipulated by law, the following factors play a decisive role:
- Length of service and age
- Gross monthly earnings as the central basis for calculation
- The nature of the reasons for termination and my assessment of the chances of success of a lawsuit
In my daily work as an employment lawyer, I focus in particular on:
- The optimal tax structure for you in accordance with § 3 No. 9 EStG
- Negotiating valuable additional benefits such as paid leave and a positive reference
- Strategically astute litigation to maximize your severance pay
It is particularly important to me to provide you with comprehensive information about the social security consequences of a severance agreement. Let me represent your interests—I will fight for an appropriate severance payment and ensure a successful transition to the next step in your career. Labor law attorney Leverkusen.
Employment Lawyer Germany
Warning letter
As a labor law attorney in Leverkusen, I carefully examine every warning letter and check its legal validity. From my experience with the established case law of the Federal Labor Court, I know that a warning letter must meet the following criteria:
- A concrete and verifiable description of the violation
- A clear request to change behavior
- A clear description of the consequences under labor law
In my many years of practice as a labor law attorney in Leverkusen, I have repeatedly found that many warnings can be successfully contested on the basis of:
- Insufficient specification of the alleged misconduct
- Inappropriateness of the allegations made
- Exercise of the right to issue a warning too late
Let me review your warning letter from a legal perspective. An effective warning letter in your personnel file can be the first step toward termination. That is why I advise you to act quickly.
Employment Lawyer Germany
Employment contract
The employment contract forms the legal basis of your employment relationship. When carefully reviewing and drafting employment contracts, I focus in particular on:
The admissibility of all clauses under the law governing general terms and conditions (Sections 305 et seq. BGB)
The legally compliant formulation of variable remuneration components
The effective drafting of fixed-term contracts in accordance with the TzBfG
In my daily work as an employment lawyer in Leverkusen, I place particular emphasis on preventive legal review in the following areas:
- The design of flexible working time models and home office agreements
- Post-contractual non-competition clauses in strict compliance with §§ 74 ff. HGB
- The formulation of liability limitations and exclusion periods
My many years of experience have shown me that many supposedly standard employment contracts contain legally contestable clauses that would not stand up to judicial review.
Employment Lawyer Germany
Advising corporate bodies
As a labor law attorney in Leverkusen, I know that the position of managing director of a limited liability company, board member of a corporation, or member of another corporate body is crucial to the success of a company. I see every day that these leadership positions involve special legal risks because they fall outside the scope of traditional labor law protection.
In my practice, I repeatedly see how important it is to have a professionally drafted contract in order to clearly regulate rights and obligations and minimize liability risks. As a labor law attorney, I support corporate bodies in drafting legally compliant contracts and resolving legal conflicts. My comprehensive consulting services include:
- Tailor-made remuneration models with fixed and variable components as well as individual pension arrangements
- Well-thought-out liability limitations and safeguards, in particular through D&O insurance
- Development of compliance guidelines and strategies for risk minimization
- Legally compliant exit scenarios with severance pay arrangements and non-competition clauses
- Specific change-of-control clauses for company sales
- Effective defense against claims for damages and enforcement of justified compensation claims
My many years of expertise extend in particular to the complex corporate law interrelationships of shareholder-managing directors and the special requirements for AG executive boards. Whether in the drafting of your employment contract, the defense against unjustified claims, or the enforcement of your rights—I apply my expertise specifically to your interests.
Employment Lawyer Germany
Temporary employment
As a labor law attorney in Leverkusen, I am your expert for the complex regulations of the German Temporary Employment Act (AÜG). In my daily practice, I have noticed that since the 2017 reform, even stricter requirements apply. In my review, I focus particularly on:
- Strict compliance with the 18-month maximum assignment period
- The legally compliant implementation of the equal pay principle
- The precise distinction between bogus self-employment and work contracts
As a labor law attorney, I offer you in-depth expertise in:
- The legally compliant formulation of assignment agreements
- Competent advice on intra-group temporary employment
- The successful enforcement of equal pay claims
It is particularly important to me to protect you from the considerable risks of covert temporary employment, which can automatically create an employment relationship.