Representation before church labour courts
Disputes under staff representation law and the law governing the labour law commissions are heard before separate church courts. These follow their own rules of procedure, which differ from those of state Labour Court proceedings. We represent church employers and staff representation bodies in these proceedings.
The key points at a glance
Distinction from state jurisdiction
Church labour courts decide on collective disputes, in particular those arising under staff representation law. Disputes arising from an individual employment relationship, for example concerning dismissals or pay, fall within the jurisdiction of the state Labour Courts.
Catholic sphere
The basis is the Church Labour Courts Regulations (KAGO). They provide for church labour courts at first instance and for the Church Labour Court of Appeal at second instance. The courts have jurisdiction over disputes arising under the MAVO and under the law governing the commissions for the regulation of employment contract law.
Protestant sphere
Disputes under the MVG.EKD are heard at first instance by the church courts of the regional churches or Diakonie organisations, and at second instance by the Church Court of Appeal of the EKD. Some regional churches have established their own court structures.
Procedure and appeals
The proceedings are geared towards swift and frequently amicable resolution. Appeals to the second instance are available only under specific conditions laid down in the applicable rules of procedure.
How we proceed
We establish whether a church or a state court has jurisdiction and which rules of procedure and time limits apply.
We draft applications and pleadings, prepare for the oral hearing and represent you before the court.
We explore the possibilities for an amicable settlement and, where necessary, the requirements for an appeal.
Frequently asked questions
Who may act as a representative before church labour courts?
The parties may be represented by authorised representatives in accordance with the applicable rules of procedure. These include lawyers.
Are decisions of church labour courts binding?
Yes, the decisions are binding on the parties. Enforcement is governed by the applicable church rules of procedure.
Your contacts
Talk to us.
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