Are you looking for an employment lawyer in Düsseldorf? horak. Rechtsanwälte advise and represent employees, executives and companies in Düsseldorf and the Rhineland – 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 Düsseldorf, by telephone or by video – we usually respond within 24 hours.
- Representation before the Düsseldorf Labour Court (Arbeitsgericht Düsseldorf) and, on appeal, before the Düsseldorf Regional Labour Court (Landesarbeitsgericht Düsseldorf).
- 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 Düsseldorf
Düsseldorf is home to numerous corporate headquarters, consultancies, agencies, fashion and retail companies as well as many international – in particular Japanese – companies. Employment law issues frequently concern executives, bonuses, intra-group transfers and cross-border assignments.
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 Düsseldorf
For employment relationships with a place of work in Düsseldorf, the Düsseldorf 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 Düsseldorf 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 Düsseldorf
Our Düsseldorf office is located on Grafenberger Allee.
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.
Corporate headquarters: bonus cancelled after resignation
Situation: A Head of Finance resigns in October with effect from the end of the year. The group refuses to pay the annual bonus, citing a cut-off date clause requiring an “employment relationship not under notice on 31.12.”
Legal assessment and approach: For a bonus that rewards work performed in the reference year, such cut-off date clauses in standard form contracts are generally invalid. The bonus was paid according to the level of target achievement.
Japanese company: secondment and return
Situation: A German employee of a Japanese subsidiary is seconded to Tokyo for three years. On his return, there is “no suitable position” any more.
Legal assessment and approach: Whether there is a right to return depends on the secondment agreement and the dormant original employment contract. In this case, an equivalent position on return had been promised. The parties agreed on an equivalent role in sales.
Agency: freelance work or employment relationship?
Situation: A graphic designer has worked for years as a “freelancer” exclusively for an advertising agency, with fixed hours and her own agency email address.
Legal assessment and approach: The way the relationship was actually carried out pointed to an employment relationship. The agency faced claims for back payment of social security contributions. We supported the conversion to an employment relationship and prepared the status determination procedure (Statusfeststellungsverfahren).
Frequently asked questions
Does my employment lawyer have to be based in Düsseldorf?
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 Düsseldorf and the Rhineland 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 Düsseldorf? 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