Labor union lawyer Dr. Till Bender (Photo: DGB Rechtsschutz GmbH)
Labor law also encompasses employers’ obligations that, while related to the employment relationship, do not constitute direct claims, such as compliance with working hours, employment restrictions—for example, for pregnant women—and technical requirements for the protection of employees.
Another area is works constitution law. This does not regulate the claims of an individual employee against their employer, but rather the representation of the interests of the workforce as a whole within companies and workplaces.
The right to collective representation of interests also includes the right to collective bargaining and the right to strike. Employees may organize into unions, negotiate collective bargaining agreements with an employer or an employers’ association, and enforce these agreements through strikes.
Disputes in these areas are not resolved in general courts but before the labor courts, which have special jurisdiction over such matters. These courts have their own rules of procedure and their own hierarchy of courts.
Why is labor law important?
In Germany alone, over 30 million people are employed as wage earners. This corresponds to about 37 percent of the total population. For most of them, income from employment is the basis of their livelihood, and in some cases, that of their partners and children as well.
For most people in Germany, salaried employment is of central importance. This income is used to pay for rent, groceries, vacations, and similar expenses. That is why labor law, which governs this form of employment, is of immense importance.
Who is covered by labor law?
Labor law applies to employees, that is, to those in dependent employment. A person is considered to be in dependent employment if they work under the direction of another person (the employer) on the employer’s behalf and are integrated into the employer’s organizational structure.
Labor law applies not only to full-time employees but also to part-time workers, those in “mini-jobs,” seasonal workers, and temporary agency workers. The only decisive factor is whether the employee is integrated into another person’s business operations and works under that person’s instructions.
Because a wide range of rights is tied to employee status, employers often try to deny employees this status, for example through bogus self-employment and contracts for work. The question of employee status is therefore a frequent point of dispute.
How can I get help?
Employees who are members of a DGB union—such as IG Metall—are entitled to legal protection, that is, legal assistance. This is already included in the membership dues and incurs no additional costs for the member.
If a union member is involved in a legal dispute with their employer, they can contact the union. The first point of contact can be the union representative at the workplace or the local union office.
There, the case will be reviewed, and the union will, for example, demand that the employer pay the outstanding wages. In many cases, the matter can be resolved this way.
Who represents me in court?
If the employer does not comply, a lawsuit becomes unavoidable. The union then refers the case to the local office of DGB Rechtsschutz GmbH. DGB Rechtsschutz GmbH is a subsidiary of the DGB and is responsible for providing legal representation to union members.
This office is staffed by specialized lawyers who have experience with proceedings before the labor courts. They represent union members not only before the labor courts and state labor courts, but also before the Federal Labor Court and the European Court of Justice.
Union members also incur no additional costs for the legal representation provided by DGB Rechtsschutz GmbH.
