How much does an employment lawyer cost in Berlin?
Consulting an employment lawyer usually costs the same as any "regular" lawyer. Lawyer fees are based on the RVG (Lawyer Remuneration Act) and the case’s value in dispute. In dismissal protection cases in court, the value in dispute is calculated as three times the employee's gross monthly income. Specific fees can be found online under "RVG calculator." Typically, the lawyer will inform you of the costs—at least approximately—before being hired.
Who pays for the lawyer in labor court?
In labor court cases in the first instance and also out of court, each party must pay for their own lawyer. This is a peculiarity of labor law. Cost reimbursement—common in civil proceedings where the losing party bears both sides’ legal costs—only applies in labor courts from the second instance onwards. This is regulated in Section 12a of the Labor Court Act.
Which labor court is responsible for Berlin?
People often ask if there are multiple labor courts in Berlin and which one is responsible for which district. In Berlin, there is only one labor court. Regardless of whether it’s Prenzlauer Berg/Pankow or Marzahn-Hellersdorf, the Berlin Labor Court has local jurisdiction if the employer is based in Berlin or the employee predominantly worked in Berlin.
Do I need a lawyer in Berlin labor court?
No, there is no mandatory requirement to have a lawyer in the Berlin labor court—or in any labor court. Employees and employers can represent themselves. Whether this is advisable is another question. In dismissal protection cases, representation by a lawyer specializing in employment law is often the better option. Whoever hires the lawyer must pay them, regardless of whether the case is won or lost.
What questions should I ask an employment lawyer during a consultation?
Ask an employment lawyer about their experience, the possible outcomes of your case, costs, and how they communicate with clients. Clarify which documents you need for the consultation and how a potential lawsuit might proceed.
Does the law firm specialize in employment law?
Yes, the focus is on employment law, particularly on the termination of employment contracts through dismissals or termination agreements and their consequences, especially severance payments.
Is labor court free of charge?
No, labor court proceedings are sometimes but not always free of charge. Each party (employee/employer) must bear their own legal costs. The court costs must be paid by the losing party at the end of the labor court proceedings. However, court costs are waived if a claim is withdrawn or a settlement is reached.
Is there legal aid for labor court proceedings?
Yes, employees with low income and assets can apply for legal aid in labor court. This initially waives court costs, which are generally low. It is also possible to request that a lawyer be appointed free of charge. However, this is not granted in simple cases (e.g., when claiming unpaid wages already invoiced, such as at the Berlin Labor Court). Legal aid is not a gift from the state but a kind of loan. If the employee’s income significantly increases within four years after the case, the legal aid must be repaid.
Does filing an unfair dismissal claim always result in severance pay?
No, employers are generally not required to pay severance. Severance pay is purely a matter of negotiation. A legal entitlement to severance only exists in rare cases. Filing an unfair dismissal claim puts pressure on the employer, as losing a labor court case can have significant economic consequences for them. Therefore, settlements often include severance pay and are concluded during conciliation hearings in dismissal protection cases.
Can I get free advice at the Legal Application Office?
No, free legal advice is not provided there. The Legal Application Office at the Berlin Labor Court only assists with filing lawsuits but does not offer legal advice.
What is the difference between a conciliation hearing and a chamber hearing?
The first hearing in labor court is the so-called conciliation hearing. This is scheduled relatively quickly, especially in dismissal protection cases. The hearing focuses on whether a settlement can be reached. The judge, acting alone at this stage, inquires about the case. Many disputes over job retention are resolved through settlements during conciliation hearings. These are recorded in the minutes. If the conciliation hearing fails, a chamber hearing is scheduled several months later. The chamber hearing is so named because it is decided by a panel consisting of three judges: one professional judge and two lay judges.
