Trial before the labor court

There is no obligation to be represented by a lawyer in the first instance before the labor courts, which is why both parties can represent themselves.

If an employee receives a dismissal and wishes to defend himself against it, he must file a complaint with the labor court within 3 weeks of receiving the dismissal in accordance with § 4 sentence 1 KSchG. If he does not do so, the dismissal is deemed to be legally effective. In dismissal protection proceedings, an application is made for a declaration that the dismissal is invalid and thus for the continuation of the employment relationship.

Once the claim has been filed, a conciliation hearing is scheduled promptly, in which the labor court will first attempt to reach an agreement between the parties. It is often at the conciliation hearing that an employee learns for the first time of the reasons that led their employer to dismiss them. If no agreement is reached at the conciliation hearing, the judge will set a chamber hearing and set a deadline for the employer to present the reasons for termination in writing. The employee is then also given time to respond in writing to the employer's presentation. The parties can still come to an agreement at the chamber hearing and reach a settlement in which, for example, the termination of the employment relationship and the payment of severance pay is agreed. If no agreement is reached again, the chamber will issue a judgment

Before the labor court in the first instance, each party bears its own legal costs in accordance with Section 12 a ArbGG. Even if you win, your opponent does not have to reimburse your own legal fees.

More information? Mail us: arbeitsrecht@voelker-gruppe.com