Employment and Social Security Law
Employment and social security law governs the relationship between employees and employers and the social security rights arising from it. Our office provides litigation and advisory services to both employees and employers in disputes arising from the start to the end of the employment relationship.
Main topics
- Severance pay and notice pay claims
- Overtime, weekly rest, public holiday and annual leave receivables
- Reinstatement cases
- Cases for the determination of service and insurance periods
- Compensation claims arising from workplace accidents and occupational diseases
- Drafting employment contracts and internal regulations, advice to employers
General information on the process
Mediation is mandatory before filing a lawsuit for employee receivables and reinstatement. If no agreement is reached in mediation, the matter proceeds to court. Payslips, bank records, the social security (SGK) service record and witness statements play an important role in these cases.
Certain applications in employment law are subject to short time limits. It is therefore important to seek legal support without delay after the employment contract ends, to avoid losing rights.
Guide
How much time do I have to seek reinstatement?
An employee whose contract has been terminated and who benefits from job security must apply to a mediator within one month of being notified of the termination. If no agreement is reached in mediation, a lawsuit may be filed within two weeks of the date of the final mediation report. If these time limits are missed, the reinstatement claim can no longer be pursued.
Who is entitled to severance pay?
As a rule, an employee who has worked for the same employer for at least one year is entitled to severance pay if the contract ends in one of the ways listed by law. Termination by the employer without just cause, termination by the employee for just cause, retirement and military service are the main examples. The calculation is based on the employee's last gross wage and certain fringe benefits.
I worked without social security registration. What can I do?
An employee who worked unregistered or with missing days may file a case for the determination of service, asking that the periods worked be counted towards their insurance record. This case must be filed within the forfeiture period set by law. Witness statements, correspondence and payment records are the main evidence.
The information in this section is general in nature and does not constitute legal advice. The specific circumstances of each case must be assessed individually.