Who is eligible for union legal protection?
All IG Metall members. Legal advice is available upon joining. Legal protection for representation in court is available after three months of membership. IG Metall’s experts or DGB Rechtsschutz GmbH advise and represent members in dealings with their employers, as well as with pension, health, and accident insurance providers and unemployment insurance agencies.
For which disputes is advice and legal protection available?
Disputes arising from workplace accidents, termination, or illness. Disputes regarding pension decisions, severance pay, pay stubs, and much more are also the subject of lawsuits in labor and social courts. We provide assistance and advice on vacation time and vacation pay, maternity leave, written warnings, and company pension plans. We review employment references, employment contracts, and termination agreements.
What advantages does union-provided legal protection offer over that of an insurance provider?
For example, the review of employment contracts or termination agreements. Legal protection insurance does not cover the costs of legal consultation 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, or legal representation before courts or government agencies, members incur no costs whatsoever.
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 are all laid out 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. Members 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.
Where do members apply for legal protection?
In the event of a labor or social security 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 promptly and schedule a consultation. Members should bring all documents related to their employment to this meeting. These documents help the advisors gain an initial overview of the situation. The local office reviews the case and decides whether to grant legal protection. The good news is that in many cases, disputes are resolved out of court.
What should those affected do first when a problem arises?
In the case of labor law disputes—in addition to scheduling an appointment at the local office—it is strongly recommended to 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. Anyone who needs advice should contact their local IG Metall chapter promptly. Contact information can be found on the IG Metall membership card.