The Most Important Facts Summarised for You:
- Is your employer based abroad? If you have worked for them in Germany, you can sue them in a German court.
- You will have to provide evidence of the hours you have worked in court with the help of records and witnesses.
- Allow at least six months for legal proceedings in Germany.
- Court proceedings are often concluded with settlements. You then reach a compromise with the other party and do not receive your full claim. But a settlement is often quicker than a judgement. You can use the settlement to apply for compulsory enforcement.
- If your employer has filed for insolvency, the employment agency can pay out your net salary. Make an application for insolvency benefit there in good time.
Important: There are "preclusive periods" for filing a claim for wages, which are regulated in the labour or collective agreement. These can be very short (a few weeks or months). Check these. If the deadline has passed, the court may not accept your claim. Seek legal advice as to whether a claim is still possible.
If you want to file a claim with the labour court, you have 3 options:
1. you go to court alone.
Costs
If you lose the case, you will bear the costs of post, interpreters, travelling costs to court and court fees. You do not have to pay court fees in advance. These are not high and are waived if a settlement is reached. You do not have to pay for the other side's lawyer in the first instance, even if you lose.
Advantages and Disadvantages
You have no lawyer's fees, but you do not receive any professional advice. Tip: You have the option of taking advantage of counselling assistance and legal advice and then representing yourself in court. The technical and linguistic demands on you in a court case are high. If the other party has a lawyer but you do not, this can reduce your chances of success.
2. you sue with a lawyer.
Procedure
You need to find a lawyer who speaks your language. Ask a counselling centre! You will first be advised on the chances of your claim. The lawyer will file the claim on your behalf and attend the court hearings. You must remain in contact with the lawyer during the proceedings (even if you are abroad).
Costs
Clarify the question of costs at the beginning! The lawyer sets the fee for a consultation. The costs for litigation are based on the amount in dispute (the sum being sued for). If you have a low income, you can apply for a counselling aid certificate from the local district court. This means that legal advice from a lawyer of your choice is (almost) free of charge. The lawyer can also apply for legal aid for you in this case. If this is granted, you will not pay for your legal representation during the proceedings, nor will you pay court fees. You must provide detailed information about your personal and financial situation and repay the legal aid if your income increases within 4 years of the conclusion of the proceedings.
3. you sue with the trade union.
Legal Proceedings
As a trade union member, you receive free legal advice. However, you must have been a trade union member for at least 3 months. As a trade union member, your trade union will file a complaint, represent you in court and attend court hearings. You must remain in contact with your trade union during the proceedings (even if you are abroad).
Advantages and Disadvantages
As a trade union member, you will not incur any additional costs as a result of labour court proceedings. You receive expert advice and are represented in court by a lawyer, increasing your chances of success. Trade unions have a lot of experience with labour law proceedings. You can also conduct the proceedings from your home country.
Frequent Topics and Problems
Labour Law Advice - Germany-Wide, free of Charge and Anonymous
We can provide you with information and advice on labour law issues in your first language.
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We also work together with our partner network abroad and can advise you.
