Asma Hussain, Rechtsanwältin, Fachanwältin für Arbeitsrecht, Frankfurt am Main

Legal Services

 

Our law firm advises our clients on every aspect of labour law and conducts negotiations on their behalf both in and outside of court. A wide range of individual cases has provided me with a solid bank of experience on which I can draw.

Independent of the level of hierarchy on which our clients are working, I can assure you a sound advice and effective representation in and outside of court. I enforce your rights in every kind of employment related dispute, e.g. employment protection suits, employment termination agreements, bonus negotiations, discrimination cases, harassment (“Mobbing”) at work or written warnings. My law firm enforces payment claims against the employer and checks written references.

I personally represent my clients in all labour law courts in Germany, including the Federal Labour Court. Our clients include employees and managers from every company level including the top management and from a variety of different sectors.

Specialty of German Labour law

The German Labour Law is, different from the U.S. or U.K law, very employee friendly. You can obtain a low cost legal insurance for employment problems. The costs are around 100 Euros per year or even less. We strongly recommend that you purchase such an insurance called “Rechtsschutzversicherung” latest when you feel problems in your employment relationship coming up. The insurance pays your lawyer, gives you full coverage for any of your costs and of the costs of the other party, and in addition pays the court fees.

In Germany as an employee you don´t fight alone for your rights. In mid-size and bigger companies there are Work Councils (“Betriebsrat”) who help you to protect your rights against your employer. The labour courts in Germany are remarkably employee friendly. Especially when it comes to protecting the employee`s rights in cases of termination (“Kündigungsschutzklage”) the labour courts are very often on your side. In other words it is difficult in Germany for employers to terminate an employment contract after the probation period is over and in case of mid-size or bigger companies. But even a termination during the probation period can be wrongful, e.g. for formal reasons. It is worth having a lawyer check this for you.

The specialty of Germany labour law is above all the consequence of a wrongful termination: In case the court comes to the conclusion that the termination of an employee was wrongful, he not only gets his job back, but also gets the complete payment of the salary after the employment contract was terminated. As cases at the labour courts can take from some weeks to several months or a few years (if you have to go through several levels of jurisdiction), the employer will ultimately, if you win the case, have to pay you all the salary that you would have earned during this time and reintegrate you into the company. In most cases employer and employees instead of this agree on a substantial amount of money as severance payment (Abfindung).

What we will do for you

To do the correspondence with your employer, the courts and your insurance companies is the standard. Together with you we will analyse your employment situation and give you advice on which options you have from the legal point of view.

We work for employees on all levels of the corporate hierarchy: regular employees, freelancers, executives, agency workers and trainees. The topics we advise on cover the full range of labour law:

  • Bonus payments
  • Contractual problems
  • Working hours/holidays/workplace safety issues
  • Discrimination/“Mobbing“ (harassment)
  • Data protection issues
  • Non-competition clauses
  • Termination of employment
  • Severance Payment
  • Employee co-determination
  • Transfer of business
  •  Court proceedings

If requested we also provide outplacement services to you. Sometimes your employer is willing to pay for this. In this case we can add this topic to your termination settlement agreement.

Compensation

Through many years of experience and continuing education I assure you competent legal services.

We charge to our clients according to the mandatory German lawyers´ compensation act (Rechtsanwaltsvergütungsgesetz / RVG).  In addition, we can enter into an individual compensation agreement with you.

We strongly advise that you enter into a low cost legal protection insurance (“Rechtsschutzversicherung”) that covers all your costs relating to any dispute with your employer on your employment relationship, inside or outside of court.