Specialized in the issues of the Labor Law we conduct litigation for employees and employers before the labor courts in the Rhineland and the Ruhr region on a daily basis. In doing so, we are confronted with all issues of labor law: Dismissals and actions for protection against dismissal, warnings, missing wage payments, wage payments in case of illness or also with regard to references. However, we also write employment contracts for entrepreneurs and executives.
In the past, we have gained a lot of experience with mass termination proceedings, especially in the retail sector. However, we have also handled difficult termination processes, e.g. the termination of severely disabled employees. We can look back on a large portfolio of processes. We have seen a hell of a lot of employment contracts, and our eyes have fallen out when we have read clauses that are supposedly "legally secure".
The dismissal protection process forms the largest part of the legal examination work under employment law. In particular, it is necessary to work out whether the Dismissal Protection Act applies and whether going to the labor court is promising. Our daily business is the termination of employment relationships, whether by notice of termination or by termination agreements. However, the defense against dismissals by the employer is the core area of our work.
In most cases, severance pay can be negotiated at the conciliation meeting during the dismissal protection proceedings. The amount of the severance payment - and whether such a severance payment is possible at all - must always be examined on a case-by-case basis. The decisive factor for the amount of a negotiated severance payment is the reason for termination communicated by the employer and the correct application of the Dismissal Protection Act. However, we do not shy away from the chamber hearing. If no agreement can be reached with the (former) employer at the conciliation hearing, we will fight on your behalf until the labor court reaches a decision.
However, special problems often have to be taken into account in the dismissal protection process: Has the employer made a mistake here? It is precisely these pitfalls that need to be worked out in discussion with the client and presented to the labor judge in an individually prepared complaint. In addition, we provide you with instructions on how to act during the entire dismissal protection process. We help you in this difficult situation.
Employment law is a comprehensive area of law that governs the legal relationships between employees and employers. It covers a wide range of topics and regulations aimed at defining and protecting the rights and obligations of both parties in the employment relationship. The most important areas of employment law are explained in more detail below:
Individual employment law deals with the legal relationship between the individual employee and their employer. The central aspects include
employment contract: The employment contract forms the basis of the employment relationship and defines the rights and obligations of both parties. It contains provisions on working hours, remuneration, vacation, notice periods and other essential conditions.
Protection against dismissal: The Protection against Dismissal Act protects employees from unjustified dismissal. It specifies the conditions under which an employment relationship can be terminated and the notice period.
Working time regulations: These determine how many hours an employee may work, including overtime regulations and breaks.
Vacation entitlements: The Federal Leave Act regulates the entitlement to paid leave and its calculation.
Remuneration: These include regulations on wage payments, minimum wages and continued remuneration in the event of illness.
Collective employment law regulates relations between employees as a group (e.g. through trade unions) and the employer or employers' associations. The most important areas include
Collective agreements: These are negotiated between trade unions and employers' associations or individual employers and regulate working conditions such as wages, working hours and vacation.
Works constitution law: The Works Constitution Act regulates the co-determination rights of works councils in companies. It covers the rights and obligations of the works council as well as cooperation with the employer.
Strike and lockout: These topics relate to the right of employees to assert their interests through strikes and the options available to employers, such as lockouts.
Occupational health and safety law aims to ensure the health and safety of employees in the workplace. Important aspects are
Occupational Safety Act: This law defines the obligations of employers to take safety precautions in the workplace and to protect the health of employees.
Workplace Ordinance: It regulates the requirements for the design of workplaces in order to ensure the safety and health protection of employees.
Technical occupational safety: These include regulations on machine and plant safety, noise protection and hazardous substances regulations.
Anti-discrimination law protects employees from discrimination on the basis of gender, age, ethnic origin, religion, disability or sexual orientation. The General Equal Treatment Act (AGG) is of central importance here.
Data protection in the employment relationship deals with the protection of employees' personal data. The General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) regulate how employers must handle their employees' data.
The Part-Time and Fixed-Term Employment Act regulates the conditions under which employment relationships can be limited in time and the rights of part-time employees.
The Temporary Employment Act (AÜG) regulates the conditions under which employees can be hired out by a hirer (e.g. temporary employment agency) to a borrower (e.g. company).
The company pension scheme includes provisions for the financial security of employees in retirement and is often regulated by company agreements or collective agreements.
International employment relationships also play a role in a globalized economy. International employment law deals with the legal framework of cross-border employment relationships and the corresponding international agreements.
As a law firm specializing in employment law, we offer a wide range of services that can support both employees and employers in various situations in working life. These services range from advice and representation in legal matters to support in negotiations and the drafting of contracts. The most important services we provide in employment law are described in detail below:
We offer comprehensive advice on all issues relating to the employment relationship. This can include issues such as employment contracts, dismissals, warnings, working hours, vacation entitlements and remuneration. We help to understand the legal framework and give advice on how best to handle certain situations.
We support both employees and employers in reviewing and drafting employment contracts and ensure that the contracts comply with legal requirements and that the interests of the respective party are optimally represented. This also includes advice on clauses on non-competition clauses, confidentiality and probationary periods.
In employment law disputes, whether in the context of dismissal protection proceedings, warnings or disputes over salary payments, we represent our clients' interests in court and handle the litigation, draft pleadings and conduct negotiations in order to achieve a favorable solution for the client.
An important area of our work as a law firm for employment law is advising and representing clients in cases of dismissal. This includes examining the legality of a dismissal as well as representation in actions for unfair dismissal. We help to fend off unjustified dismissals or negotiate appropriate severance payments.
You have received a notice of termination? Don't panic! You are not alone. Call us or send us an e-mail. Because especially after a termination many decisions have to be made in a short time. After termination, the following applies in the German Labor law a period for filing an action for protection against dismissal of only three weeks! For this very reason, you should consult us as specialists in employment protection law in good time and promptly after receiving the notice of termination.
Many employers make numerous mistakes when terminating employment, which usually costs them dearly. Let's be honest: 95% of the employers only agree to a settlement in a conciliation hearing, because the risk of an ineffective Cancellation is far too high. In the event of an invalid termination, they must then usually pay the employee the wage due for the entire termination process. And that immediately! This is the only reason why most employers agree to a cost-intensive settlement.
Furthermore, even if you no longer have any interest in the job, it is also important to obtain proper settlement of the employment relationship. Have you been paid your wages properly? Are you still entitled to vacation pay or are you possibly still entitled to special bonuses? We can answer these questions for you throughout the entire dismissal protection process. And as a bonus, we usually obtain a good reference. No matter whether you had a dispute with your employer or not.
However, many mistakes also happen in mass dismissal proceedings. Although the large companies are usually also represented by large law firms, the powerlessness of the employer representatives was also demonstrated here against the biting lawyer Baumfalk. In the past, we have been able to discover numerous "calculation errors" - whether intentional or unintentional we will leave uncommented. But also with the social selection many mistakes are made.
And also for extraordinary Cancellations of the employer we will help you. In 95% of the cases, the employer just wants to give you a juicy kick, because the Federal Employment Agency imposes a blocking period when receiving unemployment benefits. Just so: it does not matter what you write to the Federal Agency. The blocking period is sure to come. And your (former) employer knows that, too. However, we will also help you to receive payments from the Federal Agency while you are fighting the employer, if necessary by taking legal action before the social courts. Let us advise you on employment law in this regard as well.
Most of the time they can not even recognize such errors. Therefore leave a Dismissal protection proceedings the professionals. In the best case, you have legal protection insurance; if not, we will apply for legal aid for you or discuss with you the costs and benefits of a possible dismissal protection lawsuit.
Take care of your professional future, we do the rest!
Mr. Baumfalk, attorney at law, has already conducted many lawsuits against numerous employers and employees. These included small and medium-sized companies as well as large corporations. Mr. Baumfalk is not a settlement lawyer, but a hard party representative and represents your interests, if necessary also before the labor courts.
Baumfalk is regularly at the Labor Court Cologne, Aachen Labor Court, Labor Court Bochum, Bonn Labor Court, Düsseldorf Labor Court and at the Essen Labor Court, Duisburg Labor Court as well as the Dortmund Labor Court.
Mr. Baumfalk represents both employers and employees in dismissal protection proceedings and in actions for unfair dismissal. He also procedurally enforces the rights of employees and employers.
Mr. Baumfalk, attorney at law, has already successfully sued and won against a wide variety of employers in the Rhineland and Ruhr area. Frequently, the lawyer encounters opponents who are not represented by a lawyer - this is usually a home game. The opponent, who is not represented by a lawyer, is often unable to grasp the implications of his procedural statements. A win for every employee.
However, Mr. Baumfalk also prevails at the labor courts in defending employers against actions for protection against dismissal. Allegedly biting Labor Lawyer become a toothless tiger in the conciliation hearing at the latest. All in all, most colleagues are only concerned with concluding a settlement and settling the appointment and settlement fee in accordance with the German Lawyers' Fees Act (Rechtsanwaltsvergütungsgesetz).
Mr. Attorney Baumfalk inspired numerous employees and employers in the past with his transparent communication and open and honest manner. Mr. Baumfalk passionately represents employees against temporary employment agencies from the Ruhr area.
Main office - Kerpen
Mr. Patrick Baumfalk, attorney at law
Main street 147
50169 Kerpen
Germany
Branch office - Witten
Mr. Patrick Baumfalk, attorney at law
Berlin street 4
58452 Witten
Germany
Our cooperation partner in the USA, FL, Merritt Island, Spacecoast and Miami, USA:
Mr. Alexander Thorlton, Esq. - German American Real Estate & Immigration Law Center, LLC
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