Comparative Guides

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4. Results: Answers
Labour and Employment
Employment tribunals
How are employment-related complaints dealt with?

Answer ... Most complaints brought before the labour courts are actions against dismissal. In the event of dismissal, the employee has the option of filing an action for a declaratory judgment with the competent labour court. This is aimed at establishing reinstatement of the employment relationship for an indefinite period. The employee must bring the action within three weeks of receiving notice of termination. This period is prescribed by law and must be observed.

There is no requirement for legal representation in the labour court (first instance). The employee can formulate the complaint and file it with the court himself or herself.

The jurisdiction of the labour court depends on the defendant’s place of residence or the location of its company headquarters.

For more information about this answer please contact: Bernd Weller from Heuking Kuehn Lueer Wojtek PartGmbB
What are the procedures and timeframes for employment-related tribunals actions?

Answer ... Labour court proceedings are set in motion upon filing of the complaint. A conciliation hearing takes place approximately two weeks after filing of the complaint. At this conciliation hearing, an attempt is made to reach agreement between the parties and terminate the proceedings without a verdict. If the parties can agree, a corresponding settlement will be reached. If the parties cannot agree, the judge will usually set a date for the chamber, in which the parties will negotiate with motions in dispute; the proceedings will end with a judgment.

An appeal may be lodged with the competent regional labour court against a judgment of the labour court. The regional labour court’s decision may be further appealed within one month to the Federal Labour Court, with the appeal then substantiated within a further month. In this case, however, the regional labour court must allow the appeal because of the fundamental importance of the case.

For more information about this answer please contact: Bernd Weller from Heuking Kuehn Lueer Wojtek PartGmbB