Employment and Labour Law

Areas of Expertise

Helmer Tieben

Rechtsanwalt Employment and Labour Law

Labour Law is a Core Focus of Attorney Helmer Tieben's Practice in Cologne's Südstadt Near Ulrepforte.

According to Information and Technology NRW (IT.NRW), there are now approximately 500,000 employees subject to social insurance contributions in Cologne, working for about 100,000 companies. This creates significant potential for conflict, especially as employees spend a large part of their lives at their employer's workplace.

Attorney Helmer Tieben advises both employees and employers, always striving to find the best and most socially acceptable solution for his client's problem. Whenever possible, we aim to avoid going to the Cologne Labour Court by finding a solution beforehand. However, if going to labor court is unavoidable, we will, of course, represent you there with dedication and determination to ensure you receive your due rights.

The following areas are frequently the subject of labour law consultation:

1. legal advice on Dismissal/Unfair Dismissal Claims/Special Dismissal Protection

The most relevant area in labour law by far is dismissal, with approximately half of all cases at the labour court being unfair dismissal claims (dismissal protection claims). The Dismissal Protection Act introduces a special law governing the termination of employment contracts. An employer can dismiss an employee for personal reasons, behavioural reasons, or operational reasons. If an employee feels unjustly treated by a dismissal, they should be aware that filing an unfair dismissal claim is usually time-sensitive, typically within three weeks of receiving the dismissal.

In certain cases of formal errors, the dismissal must also be contested within an even shorter period. Therefore, the employee should ideally consult a labour lawyer on the first day after receiving the dismissal notice.

Many employees are not only protected from dismissal by general laws but can also invoke special dismissal protection. This applies, for example, to severely disabled employees, works council members, pregnant women, parents on parental leave, data protection officersetc.

Even if the Dismissal Protection Act does not apply due to the company's size or the short duration of the employee's employment, this does not mean that the employee can be dismissed arbitrarily. In particular, an employee can successfully challenge a dismissal that is deemed to be against public policy or in bad faith.

2. legal consultation on warnings

Unlike a dismissal, which must always be in writing, a German labour law warning is not bound to any specific form. However, issuing it in writing is recommended for proof.

3 Legal Assistance in Cases of Mobbing/Bossing

Societal changes and resulting job security uncertainties mean that employees are increasingly exposed to bullying (mobbing). Studies indicate that two-thirds of all employees have felt bullied at some point. Bullying, especially by colleagues, should be addressed immediately and decisively.

4 Advice and Representation Regarding Employment Contracts/References

The employment contract forms the legal foundation of the relationship between employer and employee. It is a special form of a service contract and should contain all essential provisions relevant to the employment relationship.

5 Legal Support for Termination Agreements/Severance Pay

By entering into a termination or settlement agreementthe employer often seeks to evade legal obligations to the employee.

6 Legal Assistance with Wages/Salaries

Wages are the employer's payment for an employee's labour, usually paid afterward. Due to economic constraints, wages may be paid late or not at all.

Contact Us

If you need labour law advice, feel free to call us at +49 221 80187670 or send an email to info@mth-partner.de.

Our contact details:

Attorney Helmer Tieben, Cologne Südstadt (near Ulrepforte/Chlodwigplatz)

Sachsenring 34, 50677 Cologne

Phone: +49 221 80187670

Fax: +49 221 2717110

Email: info@mth-partner.de

Web: mth-partner.de

This is what the process looks like for us

01

Contact us

You can call me on 0221 - 80187670 and describe your legal problem

02

Initial consultation
We will discuss your problem in an initial telephone consultation and, depending on the initial assessment, further steps will follow

03

Initial consultation / meeting
Once an appointment has been made, a meeting will take place at the law firm in order to conduct the necessary further discussions or a consultation

04

Results
Legal representation is carried out in close consultation with you in order to achieve the best possible result for you