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Legal Protection Guide Legal Protection for Union Members: How It Works

Whether at work, during an apprenticeship or college, while unemployed, or in retirement—as part of a large community, metalworkers enjoy many benefits. In particular, they have access to union legal protection.

Eine Frau und ein Mann in einer Gesprächssituation im IG Metall Gebäude


IG Metall’s legal protection offers all members expert advice and free legal representation. Thanks to strong ties within workplaces, IG Metall’s experts are familiar with company-specific and industry-wide developments and can therefore more effectively defend members’ legal interests—through all levels of the legal system if necessary.
 

Who is eligible for union legal protection?

All members of IG Metall or another DGB union. Legal advice and legal protection for representation in court are available after at least three months of membership with dues paid in accordance with the bylaws. Experts from IG Metall or DGB Rechtsschutz GmbH advise and represent members in dealings with their employers, as well as with pension, health, and accident insurance providers and the unemployment insurance system. They also assist in appeal and litigation proceedings regarding recognition as a person with a severe disability or adjustments to the degree of disability.


For which disputes is advice and legal protection available?

Termination, illness , disputes over pension decisions, severance pay, pay stubs, and other matters are the subject of lawsuits filed with labor and social courts. IG Metall provides assistance and advice on all matters related to vacation and vacation pay, maternity leave, parental leave, written warnings, company pension plans, or quarantines ordered by the public health department due to the COVID-19 pandemic. It reviews employment references, employment contracts, termination agreements, and official notices.


Where do I apply for legal protection?

If you have a labor or social law issue, the first point of contact for members is the local IG Metall office. In the event of termination, those affected should contact their local office as soon as possible to schedule a consultation. A lawsuit to challenge termination must be filed no later than three weeks after receiving the written notice of termination; otherwise, the termination becomes effective. Deadlines must also be observed for social security decisions. You should bring all documents related to your employment or from the government agency to your meeting at the office. This allows the advisors to get an initial overview, review the case, and decide whether to grant legal protection. The good news: In many cases, disputes are resolved out of court.


What should I do first if I have a problem?

In the case of labor law disputes—in addition to scheduling an appointment at the office—it is strongly recommended that you consult the works council . This is especially important if supervisors demand that you sign something. Not everything that employers present to you for signature is legally permissible. Employees should never sign anything without reviewing it first. This also applies to social security disputes, for example, with the employment agency. If you need advice, contact your local IG Metall chapter right away. You can find the contact information on your IG Metall membership card or here.


What are the advantages of union legal protection over an insurance provider?

For example, the review of employment contracts or termination agreements. Legal protection insurance does not cover the costs of legal advice in such cases. It often only issues a so-called “coverage commitment” to the attorney if the employer has committed an unlawful act. The experts at the relevant IG Metall offices also provide assistance even when there is no underlying dispute. They review pay stubs and pursue potential claims on behalf of their members—first through out-of-court negotiations and, if necessary, in court. Whether it involves review and consultation, legal representation in court, or before government agencies: members incur no costs whatsoever.

And: Unlike private attorneys, the representatives of the union’s legal defense service have no financial interests of their own. They can therefore tailor their advice entirely to the interests of the person seeking legal assistance.


Does IG Metall also cover the costs of a lawyer the member hires on their own?

No. It does happen occasionally that a lawyer hired by a member believes IG Metall will cover the costs. Members should therefore be on guard: There are strict rules governing union legal protection. These can be found in the IG Metall bylaws and the legal protection guidelines. According to these regulations, the organization is not permitted to reimburse attorney’s fees retroactively. The member must pay these costs out of their own pocket. Depending on the dispute and the outcome of the proceedings, this can be a costly affair!



Background: DGB Legal Protection

The DGB Legal Protection GmbH represents members of DGB unions in court. Nearly 350 legal protection secretaries work toward this goal nationwide. In 2020, the legal professionals at DGB Legal Protection GmbH took on a total of 122,003 new cases nationwide. In the process, they secured approximately 262 million euros for union members in labor, social, and administrative courts. Most of these cases are handled on behalf of IG Metall.


Our flyer on legal protection for our members (PDF)

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