Representation before the labour courts at all instances
Employment law disputes are heard by the labour courts at three levels. The procedure has particular features compared with civil proceedings, such as the mandatory conciliation hearing and its own rules on costs. We represent you in both judgment proceedings and decision proceedings.
The key points at a glance
Judgment and decision proceedings
Disputes between employers and employees, for example concerning dismissals or remuneration, are decided in judgment proceedings. Disputes under works constitution law between the employer and the works council are resolved in decision proceedings, in which the court investigates the facts of its own motion.
Conciliation hearing
Judgment proceedings begin with a conciliation hearing before the presiding judge, in which an amicable solution is sought. A large proportion of cases end at this stage with a settlement.
Costs at first instance
In first-instance judgment proceedings, each party bears its own legal costs under § 12a ArbGG, regardless of the outcome. In appeal proceedings, by contrast, the general principle applies that the unsuccessful party bears the costs.
Levels of jurisdiction
Under certain conditions, an appeal on the facts and law to the Regional Labour Court lies against judgments of the Labour Courts. An appeal on points of law to the Federal Labour Court requires leave. A refusal of leave may itself be challenged by complaint. Representation by a lawyer or other authorised representative is mandatory before the Regional Labour Court and the Federal Labour Court.
How we proceed
We assess the facts, the evidence and the litigation risks, and discuss with you whether a court ruling or a settlement better serves your objectives.
We draft the pleadings, prepare you and any witnesses for the hearings and represent you at the conciliation hearing and the main hearing.
We review the options for appeal, conduct appeal proceedings on the facts and on points of law, and represent you in interim relief proceedings.
Frequently asked questions
How long do Labour Court proceedings take?
By law, unfair dismissal proceedings must be dealt with as a matter of priority, and the conciliation hearing is to take place promptly. The overall duration, however, depends on the individual case and on the court’s workload.
Do I have to attend the conciliation hearing in person?
That depends on the court and the stage of the proceedings. At the Munich Labour Court, personal attendance is often not ordered for the conciliation hearing but frequently is for the hearing before the full chamber. Where it is ordered, an employer may be represented by a person who is familiar with the matter and authorised to conclude a settlement.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich