Labour Law

Working conditions bear a particularly great potential for disputes. Thus it is important to create and fixate clear regulations from scratch. Nevertheless, should disputes arise, nothing should be left to chance. An effective, agreed-upon non-competition clause only becomes an option in labour law when it is clear as to whether one is dealing with an employment contract or freelancing. Generally speaking, the drawing up of an employment contract requires the fulfilment of tax and social security issues. Thus an applicant must truthfully state whether there may be any reasons that oppose a long-term fulfilment of an employment contract. On the other hand it is unlawful to ask a female applicant whether she intends to get married soon. A criminal record may only be demanded if there is any relevance to the job in question. Thus a driver may be asked about traffic violations and an accountant may be asked about property crimes.

Naturally, the termination of working conditions can lead to a somewhat explosive outcome. Thus an employer should avoid giving unpremeditated notices; once given his notice, or when his fixed-term employment concludes, an employee must act fast. Generally speaking, a notice or a fixed term can no longer be reviewed by labour court after three weeks have expired. Time is particularly of the essence in the case of dismissals without notice. A dismissal without notice can only be issued within two weeks of reporting the grounds for dismissal.