Employment lawyer in Munich

Are you looking for a employment lawyer in Munich? You’ve come to the right place at AbfindungsHero. Because there are over 14,000 lawyers in Munich. More than 700 of them are specialists in labour law. How do you find the right lawyer for your question? This is exactly where we at Abfindungshero want to help by providing you with assistance in finding a lawyer or arranging a (free) initial consultation for your labour law problem:

On our pages, employees can find information on numerous employment law topics, for example:

Find a lawyer specialising in employment law in Munich quickly with AbfindungsHero

AbfindungsHero wants to help people who need advice on employment law (e.g. after a dismissal) to find the right law firm specialising in employment law. Our goal is to make it much easier for people with employment law problems to find a law firm specialising in employment law in Munich. Through our broad partner network and the ‘pre-selection’ of our partners, we enable a ‘curated’ portfolio of lawyers who are particularly competent for the specific problem of our users.

Severance payment amount and ‘factor’ in Munich

A decisive aspect when looking for a lawyer for employment in Munich is the usual amount of severance pay. This varies depending on the individual circumstances of each case. An important factor is the so-called multiplier or ‘factor’, which varies from labour court to labour court from case to case.

In Bavaria, the average severance payment is 14,100 euros. Experience shows that factors of 0.8 to 1.2 are common in a large number of cases in Munich, which puts Munich at the top in a national comparison with Frankfurt, Cologne and Hamburg. In contrast, Saxony and Saxony-Anhalt are at the lower end with 0.2 to 0.5. It is important to realise that the circumstances of the individual case play a greater role than the ‘factor’.

An example: An employee in Munich with a gross monthly salary of 6,000 euros and 6.5 years of service can usually expect a severance payment of between 0.8 and 1.2 per year of employment. This results in a severance pay range of:

0.8 x 6,000 x 7 = 33,600 euros
1.2 x 6,000 x 7 = 50,400 euros

The severance payment could therefore be between 33,600 and 50,400 euros, depending on the outcome of the negotiations. However, the exact result depends on the circumstances of the individual case.

This is another reason why you are on the right track with your search for a specialist employment lawyer in Munich. This is because it is usually much easier for a lawyer to work out the legally relevant aspects of your case and use them in your favour to achieve a fair severance payment for you.

Labour market in Munich

The labour market in Munich is very dynamic. STEM specialists (mathematics, IT, natural sciences, technology) are just as much in demand as workers in the skilled trades, construction industry, healthcare and social services. Munich is home to over 2,000 start-ups, and 215 new companies were founded in 2022 alone. Seven DAX companies are also located in the city and region of Munich. While the working environment in start-ups is often flexible and dynamic, which is also reflected in the design of employment contracts and termination modalities, some of Germany’s largest and most established companies are also based in Munich.

Employers and industries in Munich

The most important industries in Munich are:

• Financial sector (Allianz)
• Automotive industry (BMW, MAN)
• IT industry (Amazon, Apple, Google)
• Environmental industry
• Biotech and pharmaceuticals

The largest employers in Munich are

• BMW
• Siemens
• TU Munich
• Munich public utilities

Employees in Munich

1. Number of people in employment in Munich: Munich is the third largest metropolitan region in Germany with 6.29 million inhabitants (as of December 2022). The city itself is home to 1.51 million people, including around 900,000 employees. With around 2.8 million employees subject to social security contributions, the Munich region is an important business location.
2. Low unemployment rate: Munich has one of the lowest unemployment rates in Germany (4.1% in 2023). The region is also a leader in terms of purchasing power, which averaged €34,423 per inhabitant in 2023, 32% above the national average.
3. High potential for skilled labour: Munich is home to a particularly large number of highly qualified workers, as the proportion of academics among employees subject to social security contributions is the highest in Germany at over 41%.
4. International diversity: As an open and globally networked business metropolis, Munich attracts people from all over the world. Around 30 per cent of the 1.59 million inhabitants come from more than 180 different countries.

The Munich Labour Courts

The Munich labour courts are responsible for legal disputes between employees and employers ‘in Munich’ and are therefore the central point of contact for employment disputes in the Bavarian capital. Regardless of whether it is a case of unfair dismissal, disputes over salary payments or harassment in the workplace. The Munich Labour Court is one of eleven labour courts in Bavaria. Its jurisdiction includes the local court districts of Dachau, Ebersberg, Erding, Freising, Fürstenfeldbruck, Landsberg/Lech, Miesbach, Munich, Starnberg and Wolfratshausen. There are also external chambers in Ingolstadt and Weilheim. Court sessions are also held in Freising, Garmisch-Partenkirchen and Holzkirchen.

In most cases, the labour court in whose district the defendant (e.g. the employer) has its registered office has local jurisdiction. Employees can therefore normally file an action for unfair dismissal with the court in whose district they work. So if the place of work is in the city of Munich, the jurisdiction is usually clear. However, for many Munich residents, the place of work is also in the area surrounding Munich, in which case Munich is generally not responsible.

As mentioned above, there are over 14,000 lawyers in Munich. Almost 700 of them have a specialist title in employment law. However, you are probably looking specifically for an employment lawyer in Munich who specialises in representing employees. And ideally already has several years of experience in employment law.

Labour court proceedings in Munich

The procedure for labour court proceedings in Munich is basically the same as in other federal states. For example, in the case of an action for unfair dismissal, a conciliation hearing is first scheduled, which should ideally take place within two weeks. However, it often takes up to two months. The aim of the conciliation hearing is to reach an out-of-court settlement between the employer and the dismissed employee. The focus is often on a severance payment. The conciliation hearing is conducted by the presiding judge without an assessor. The judge gives an initial, non-binding assessment and points out possible risks and opportunities. However, a negotiated solution is often found at the conciliation hearing, and a settlement with compensation is reached. And the case is already over.

If no agreement is reached at the conciliation hearing, the second step is a further hearing before the entire chamber, now also with honorary judges (chamber hearing). If no agreement is reached here either, the court will issue a judgement. This chamber hearing can take place up to six months after the conciliation hearing.

Procedure for a dismissal protection claim in Munich

Employment judgement proceedings such as actions for protection against dismissal are concluded before the Munich Labour Court within one month in 24% of cases, while just under half take up to three months. On average, around a quarter of Munich judgement proceedings end with a settlement.
An action for protection against dismissal proceeds as follows:

1. Notice of dismissal received: As soon as the notice of dismissal is received, quick action is required. (Notice of termination received – and now? 7 important steps)
2. Observe the deadline: The action for protection against dismissal must be filed with the competent labour court within three weeks of receiving the dismissal notice.
3. File a complaint: The complaint can be made either in writing or orally at the Munich Labour Court. It can be helpful to be supported by a specialised employment lawyer.
4. Conciliation hearing: The conciliation hearing takes place at the beginning, in which both parties try to reach an agreement.
5. Chamber hearing: If no agreement is reached, a chamber hearing is scheduled. The court examines the disputed points and makes a decision.
6. Judgement or settlement: The proceedings end with a judgement that either cancels the dismissal or stipulates that a settlement will be paid.
7. Appeal: If you are dissatisfied with the judgement, you have the option of lodging an appeal. However, certain deadlines and conditions must be observed.