Employment Lawyer in Berlin
Received a notice of dismissal, been offered a termination agreement or in a dispute over severance pay? Our law firm in Berlin-Charlottenburg reviews your situation quickly and represents you out of court and before the Berlin Labour Court, whether you are an employee or an employer.
- Quick response, usually within 24 hours on working days
- Initial consultation in person or by video (usually 45 to 60 min.)
- Advice in German and/or English
Employment Law: Meet Deadlines, Strengthen Your Position
Dismissal, termination agreement or a dispute over salary or a reference letter: in employment law, a few days often decide your position. If you miss the deadline for filing a claim, you usually also lose the chance of severance pay. We review your documents, secure deadlines and agree the strategy with you: negotiate, settle or go to court. We advise employees and employers, but in any given case only ever one side.
For Employees
Dismissed or offered a termination agreement?
- Reviewing dismissals & unfair dismissal claims
- Negotiating severance pay
- Termination agreements, written warnings, reference letters
For Employers & Companies
Resolving dismissals, contracts and conflicts with legal certainty
- Preparing dismissals with legal certainty
- Drafting employment and termination agreements
- Engaging freelancers & international skilled workers
Employment Law for Employees
Dismissal & Unfair Dismissal Claims
We check whether your dismissal is effective: written form, notice period, grounds for dismissal, social selection and special protection against dismissal. If it is invalid, we file a claim in time. This is often the route to severance pay.
Negotiating Severance Pay
There is a statutory entitlement to severance pay only in exceptional cases. In practice, it results from negotiation or a court settlement. We assess the realistic amount and negotiate it for you.
Reviewing Termination Agreements
Before you sign, we review the severance pay, garden leave, remaining holiday, reference letter and the risk of a suspension period for unemployment benefit (Sperrzeit). Once signed, the agreement can hardly be undone.
Written Warnings & Reference Letters
A written warning (Abmahnung) often paves the way for a dismissal. We check whether it is justified and decide with you whether to submit a counter-statement or demand its removal from your personnel file. For reference letters, we enforce a favourable, detailed reference (qualifiziertes Arbeitszeugnis).
Employment Law for Employers
Preparing Dismissals with Legal Certainty
From the written warning and social selection to consulting the works council: we assess the risks before you dismiss and support you in unfair dismissal proceedings. This helps you avoid costly formal errors and unnecessarily high severance payments.
Drafting Employment and Termination Agreements
We draft and review employment contracts, supplementary agreements, non-compete clauses and termination agreements, legally sound, tailored to your company and also bilingual in German and English.
Freelancers & Bogus Self-Employment
Start-ups in particular work extensively with freelancers. We assess whether there is a risk of bogus self-employment (Scheinselbstständigkeit), draft contracts accordingly and support you in the status determination procedure.
Employing International Skilled Workers
Employment law and immigration law from a single source: we draft the employment contract and support the procedure for the residence permit and EU Blue Card so that your new hire can start on time.
Why BRG Rechtsanwälte for Employment Law
20+
years of experience in employment law
800+
employment law cases handled
2
languages of advice
2
attorneys available
- Personal support from your dedicated contact person
- We know both sides and therefore the other side's arguments
- Law firm in Berlin, advice also by phone or video
- Transparent cost estimate before every step
Your Employment Lawyers in Berlin
What Our Clients Say
5 · 21 reviews on ProvenExpert
Learn moreI contacted the lawyers because I had an employment law problem. My initial enquiry was answered the same day and an appointment was arranged promptly. Thanks to BRG's help, the case ended really favourably for me. Everyone was always very friendly and easy to reach. All in all, highly recommended! (translated from German)
I felt in good hands. Thanks to BRG's help, the proceedings before the Labour Court turned out great for me. Good value for money. (translated from German)
How We Work Together
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Request
By form, phone or email. Send your notice of dismissal, written warning or contract along with it.
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Response
We check deadlines and prospects of success and usually get back to you within 24 hours on working days.
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Strategy & costs
You receive a clear assessment and, where appropriate, a transparent cost proposal. If you have legal expenses insurance, we request cover.
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Representation
We negotiate out of court and, if necessary, represent you before the Berlin Labour Court.
Costs & Legal Expenses Insurance
Information call
In the first information call you receive all details on the process and the costs.
Who pays at the Labour Court?
At first instance, each side pays its own lawyer, regardless of the outcome of the case (Section 12a ArbGG).
Value in dispute & fees
Statutory fees depend on the value in dispute. For an unfair dismissal claim, it amounts to up to three gross monthly salaries (Section 42 (2) GKG). For employers, we offer flat fees on request.
Legal expenses insurance
Many legal expenses insurers cover the costs in employment law. On request, we obtain confirmation of cover for you.
Frequently Asked Questions on Employment Law
How can I defend myself against a dismissal?
With an unfair dismissal claim (Kündigungsschutzklage). It must reach the Labour Court within 3 weeks of receiving the dismissal (Section 4 KSchG), otherwise the dismissal is deemed effective. You enjoy general protection against dismissal if your employment has lasted more than six months and the business employs more than ten employees. Pregnant employees and severely disabled persons also enjoy special protection against dismissal.
When should I consult an employment lawyer?
Ideally right after receiving a dismissal or before you sign a termination agreement. If you sign a termination agreement without good cause, you risk a suspension period of up to twelve weeks for unemployment benefit. Employers should seek advice before issuing a written warning or dismissal.
What must employers consider before a dismissal?
The dismissal must be declared in writing with an original signature (Section 623 BGB) and observe the correct notice period. If the Dismissal Protection Act applies, it needs a personal, conduct-related or operational reason, and for operational dismissals also a correct social selection. An existing works council must be consulted beforehand (Section 102 BetrVG), and for pregnant or severely disabled employees prior approval from the authorities is required.
How much does a lawyer cost for a dismissal?
That depends on the value in dispute, usually up to three gross monthly salaries; this determines the fees under the RVG. At first instance before the Labour Court, each side pays its own lawyer.
Does legal expenses insurance cover the costs in employment law?
Yes, if you are insured for employment law and the waiting period, usually three months, has expired. You pay any excess yourself. We request cover from your insurer. Our help is also available to you without insurance.
Do I have a statutory right to severance pay?
Only in exceptional cases, for example in an operational dismissal with a severance offer under Section 1a KSchG or from a social plan. Severance pay usually results from negotiation or a settlement in unfair dismissal proceedings. The better your chances against the dismissal, the stronger your negotiating position.
How high can severance pay be after a dismissal?
As a rule of thumb, half a gross monthly salary per year of service. Depending on the prospects of the claim, age and length of service, the amount may be significantly higher or lower. Severance pay is agreed gross: it is subject to income tax but usually exempt from social security contributions.
Do I simply have to accept a written warning?
No. If the written warning is unjustified, you can add a counter-statement to your personnel file or demand its removal. There is no fixed deadline for this. Whether you react immediately or wait is a tactical question. It depends on whether a dismissal is looming.
What should I look out for when I am offered a fixed-term employment contract?
The fixed term must be agreed in writing before work begins, otherwise the contract is deemed permanent. Without an objective reason, a fixed term is possible for a maximum of two years and may be extended up to three times within this period. If you have previously worked for the same employer, a fixed term without objective reason may be invalid.
Do you advise employees and employers?
Yes. We advise employees, executives and companies. In the same matter, however, we only ever represent one side.
Received a Notice of Dismissal or a Termination Agreement?
Every day counts. Talk to us in person in Berlin, by phone or by video.
Send an enquiry
Our team of specialist lawyers will be happy to advise you personally, by email, video conference or telephone - which of our services would best suit your needs and the likely costs. This initial information is, of course, free of charge and without any obligation on your part.