Are you looking for an employment lawyer in Berlin? horak. Rechtsanwälte advise and represent employees, executives and companies in Berlin and Brandenburg – on dismissal, severance pay, termination agreements, formal warnings, employment references and all other questions relating to the employment relationship. In person on site, by telephone or by video conference.
Key points at a glance
- Personal advice in Berlin, by telephone or by video – we usually respond within 24 hours.
- Representation before the Berlin Labour Court (Arbeitsgericht Berlin) and, on appeal, before the Berlin-Brandenburg Regional Labour Court (Landesarbeitsgericht Berlin-Brandenburg).
- An unfair dismissal claim (Kündigungsschutzklage) must be filed within three weeks of a dismissal (§ 4 KSchG).
- At first instance, each side bears its own legal fees (§ 12a ArbGG); legal expenses insurers usually cover the costs.
Employment law in Berlin
Berlin combines federal authorities, associations and public-sector institutions with a strong digital and start-up scene, a healthcare industry and culture. Common issues here include fixed-term contracts, employee participation schemes, remote work and swift separations during growth and crisis phases.
We advise both sides of the employment relationship. Whether we can accept an instruction is clarified in advance by means of a conflict check.
Our services
- Review the dismissal and file an unfair dismissal claim
- Negotiate severance pay and termination agreements
- Challenge formal warnings or issue them in a legally sound manner
- Have your employment reference reviewed and corrected
- Employment contracts, fixed-term contracts, pay and holiday
- Works constitution, restructuring and advice for employers
Competent labour courts for Berlin
For employment relationships with a place of work in Berlin, the Berlin Labour Court generally has jurisdiction at first instance. Alternatively, a claim may also be brought at the place of the employer’s registered office (§ 48 Abs. 1a ArbGG). Appeals go to the Berlin-Brandenburg Regional Labour Court, appeals on points of law (Revision) to the Federal Labour Court (Bundesarbeitsgericht) in Erfurt.
Many labour courts allow parties to attend conciliation hearings (Güteverhandlungen) by video conference. We clarify with the court whether this is possible in the individual case.
Our office in Berlin
Our Berlin office is located on Wittestraße in Reinickendorf. Meetings can take place there, in Hanover or by video conference.
Please make an appointment in advance. You can send us documents securely beforehand by email or via the contact form.
Practical examples from the region
Simplified, typified scenarios for illustration purposes; each individual case must be assessed separately.
Start-up: virtual shares on leaving
Situation: A product manager leaves a Berlin start-up after three years. Under the participation programme, her virtual shares (“VSOP”) are to be forfeited in full if she resigns.
Legal assessment and approach: Forfeiture clauses for shares that have already been earned (vested) may constitute an unreasonable disadvantage. We reviewed the programme terms and reached a settlement under which the vested shares were retained.
Successive fixed-term contracts at a research institution
Situation: A research associate has been employed for nine years on a total of eleven fixed-term contracts.
Legal assessment and approach: In addition to the special rules of the Academic Fixed-Term Contracts Act (Wissenschaftszeitvertragsgesetz), the courts examine long chains of fixed-term contracts for institutional abuse of rights. The claim challenging the fixed term (Entfristungsklage) was filed in time, within three weeks of the end of the contract.
Dismissal after a remote relocation
Situation: A developer moves to Brandenburg during the pandemic and works fully remotely. The employer now orders three days of office attendance and dismisses him when he does not turn up.
Legal assessment and approach: The decisive question was whether remote work had been contractually agreed or merely tolerated. Because a permanent arrangement had been confirmed by email, the instruction was invalid and the dismissal open to challenge. The proceedings ended with a severance payment.
Frequently asked questions
Does my employment lawyer have to be based in Berlin?
No. Lawyers can appear before all labour courts in Germany. Being close by is convenient, but many appointments can be handled by telephone or video.
How much does the initial consultation cost?
For consumers, the fee for an initial consultation is capped at €190 plus VAT, unless otherwise agreed. If you have legal expenses insurance, we will handle the coverage request.
How quickly can I get an appointment?
If deadlines are running – for example after a dismissal – at short notice, often on the same or the next working day. When making your enquiry, please tell us the date on which you received the dismissal.
Do you also advise companies?
Yes. We advise companies in Berlin and Brandenburg on an ongoing or project basis – from employment contracts and dismissals to operational changes and negotiations with the works council.
Would you like an appointment in Berlin? Call us or send us your documents – we usually respond within 24 hours.
Directions and contact
This page is a translation of the German original. It is for general information only and does not replace legal advice on your individual case. German version