Labor Law Attorney
Munich —
KLAMERT & PARTNER

When do you need an employment lawyer in Munich?

Labor law in Munich has its own distinct character. Unlike in Berlin or Hamburg, no single corporate headquarters dominates our client base here—we represent employees of Allianz and Linde AG as well as staff at medium-sized IT companies in the Werksviertel district, service workers in the hotel and hospitality industry around Marienplatz, and construction workers in residential building projects in the outskirts. What these cases have in common is not the industry, but a recurring pattern of conflict: termination, severance pay, termination agreements, and employment references. These are the four issues that account for over 80 percent of our labor law cases—and in which the first 14 days almost always determine the outcome.

Unlike traditional mass-market providers, we do not work on a piecework basis. For each case, we conduct our own assessment of the situation, review the written documentation, authority to act, and grounds for termination individually, and disclose our negotiation strategy before drafting the first legal letter. This level of detail is particularly worthwhile because the Munich Labor Court (Winzererstraße 104, 80797 Munich) has developed its own distinct case law—anyone litigating here should be familiar with the chambers and their particularities.

Common issues that clients bring to us:

• I found a termination notice in my mailbox this morning—what happens if I don't do anything for the next three weeks?
• The employer has presented a severance agreement with a severance payment—is it fair or below market value?
• I'm on sick leave, and I've received a notice of immediate termination while I'm on sick leave—is that even allowed?
• This is the first warning I've received in 15 years on the job, and the allegations aren't true—what should I do?
• The reference reads well, but my HR contacts take issue with two phrases—and rightly so?
• A fixed-term contract that was suddenly extended by three months—does that mean it’s now a permanent position?

Our Areas of Practice as Employment Lawyers in Munich

Ten practice areas in which we at KLAMERT & PARTNER, as employment law attorneys in Munich, work diligently and with meticulous attention to detail. The order is based on the frequency of client cases according to our case statistics—not alphabetically or according to their importance in legal textbooks. We discuss each practice area in practical terms below.

Termination in labor law — the most common reason

On average, we at KLAMERT & PARTNER receive several employment law cases involving termination each week. We review each termination in four steps: written form pursuant to Section 623 of the German Civil Code (BGB), authority of the signatory, grounds for termination pursuant to Section 1 of the German Employment Protection Act (KSchG) (conduct-related, personal, or operational), and special protection against dismissal for severely disabled individuals, pregnant women, parents on parental leave, or works council members. In our experience, terminations most frequently fail at the Munich Labor Court due to formal deficiencies—an incorrect chain of authority, inadequate consultation with the works council under Section 102 of the Works Constitution Act (BetrVG), or failure to provide notice of mass layoffs under Sections 17 et seq. of the Unfair Dismissal Protection Act (KSchG). Before we dispute the content, we review the form.

Termination During Sick Leave — The Most Common Misconception

“My employer can’t fire me while I’m on sick leave.” We hear this statement almost every week at our office on Pettenkoferstraße—and it’s legally incorrect. Termination during sick leave is permissible. At most, there may be a dispute over whether the conditions for termination due to illness are actually met: a negative health prognosis, a significant disruption to business operations, and a balancing of interests in favor of the employer. We examine each of these three points individually—and regularly see at the Munich Labor Court that employers are unable to provide the documentation they should have submitted regarding the prognosis and the balancing of interests.

Severance pay upon termination — a matter of negotiation, not a matter of calculation

There is no legal entitlement to severance pay. Anyone who tells you otherwise is mistaken. However, there are many situations in which severance pay can be negotiated—and often at a rate significantly higher than the rule of thumb of half a month’s gross salary per year of employment (Section 1a of the German Unfair Dismissal Protection Act). Based on our settlements at the Munich Labor Court, the typical range is between 0.5 and 1.5 months’ salary per year, and in individual cases—such as those with weak grounds for termination or a high value in dispute—it can be significantly higher. What matters is not Excel spreadsheets, but negotiating position: How tenable is the termination really? How much pressure is on the employer? What costs does a lengthy proceeding entail? We clarify these questions in the first hour—before we discuss figures.

Negotiating a termination agreement — the underestimated risk factor

Termination agreements may look like an offer of peace—but in practice, they are often the opposite. The most important point we review in every termination agreement is the waiting period for unemployment benefits under Section 159 of SGB III: Anyone who signs without good cause risks going twelve weeks without benefits. In addition, we review the severance pay amount, remaining vacation entitlement, bonus provisions, non-compete clauses, and the wording of the employment reference—the latter often being an underestimated stumbling block, because the rating in the reference is virtually impossible to correct later in the termination agreement. We regularly advise clients: Do not sign anything that has not been on the table for 24 hours.

Leave of Absence Under Labor Law — Four Types, Four Legal Consequences

Paid or unpaid, revocable or irrevocable—the terms surrounding leave of absence may sound similar, but the legal consequences differ significantly. In our initial consultation, we clarify four key points: Are you actually released from your work obligations, or is the possibility of revocation always on the table? What happens to your remaining vacation time—does it expire, is it credited toward future leave, or must it be paid out? What happens to pending bonuses and variable compensation? And are you allowed to start a new job during your leave of absence without violating a post-employment non-compete clause? Particularly for clients in the IT and consulting industries, the answers to these four questions are often worth more than the severance pay itself.

Warning Letter and Reminder — Preliminary Step or Disturbance Signal

We receive written warnings in two forms: in writing on the employer’s letterhead or verbally during a performance review, which is later recorded in the personnel file as a “memo.” We evaluate both using the same criteria: notification of the breach of duty, reprimand, and a warning with the threat of consequences under labor law. If any of these three elements is missing, the warning is often not legally effective. We then file a counterstatement in the personnel file or file a lawsuit to have it removed. Based on our experience at the Munich Labor Court, unlawful warnings can be resolved out of court in the vast majority of cases—often because the employer does not anticipate that the warning will be reviewed by an attorney.

Limitation Periods and the Removal of Limitation Periods — The Underestimated Statute of Limitations

When filing a lawsuit to convert a fixed-term contract into a permanent one, clients often overlook the fact that the deadline does not depend on the date the contract was signed, but rather on the agreed-upon end date of the fixed-term contract. So, if you have a two-year contract that ends on June 30, you have until July 21 to file the lawsuit—three weeks after the contract ends, not after it begins (Section 17 of the German Part-Time and Fixed-Term Employment Act). We review fixed-term contracts without objective grounds under Section 14(2) of the TzBfG (maximum of two years, three extensions) and fixed-term contracts with objective grounds under Section 14(1) of the TzBfG. We particularly often see situations with clients in the education sector and the public sector where the fixed-term contract is legally invalid, without the employee being aware of it.

Have your employment contract reviewed—before you sign it

At KLAMERT & PARTNER, we review employment contracts before they’re signed faster than most clients expect—an initial review usually takes less than an hour. What we most frequently flag: overly long probationary period clauses, overly restrictive post-contractual non-compete clauses without compensation for the waiting period, bonus provisions with cut-off date clauses that forfeit the entire bonus in the event of termination, flat-rate overtime payments that are invalid under Section 307 of the German Civil Code (BGB), and restrictions on secondary employment with blanket approval requirements. Anyone who has a contract reviewed before signing it has a stronger negotiating position afterward in 80 percent of cases—we know the clauses that are most frequently incorrectly worded in Munich contracts.

Workplace Bullying — The Legal Implications

Legally speaking, workplace bullying is not a distinct offense in itself, but rather a collective term for repeated violations of personal rights in the workplace. Legal action can be taken under Section 280 of the German Civil Code (BGB) (compensation for breach of duty), the employer’s duty of care, and Section 823 of the German Civil Code (BGB) (tort liability). In our experience, workplace harassment cases in labor court typically fail not because of substantive law, but due to insufficient evidence. Anyone wishing to assert a claim for workplace bullying should keep a bullying diary starting from the first incident, recording the date, time, people involved, and the exact wording of the remarks. We discuss this during the initial consultation and, if necessary, set up an email account to which the diary is sent on the same day—serving as a digital timestamp in the event of a dispute.

Have your employment reference reviewed — the secret language of HR

A qualified employment reference must be truthful, favorable, and complete (Section 109 of the German Trade Regulation Act). In practice, this leads to disputes over codes that have been in use in HR departments for decades. “Always to our full satisfaction” is a different rating than “to our full satisfaction” (the standard “good” rating versus “satisfactory”). “Made an effort” is a warning sign. “Completed all assigned tasks” is a non-graded assessment and is therefore below average. We review your reference letter word for word against the case law of the Federal Labor Court and enforce corrections either out of court or before the labor court—the latter is less often necessary than most clients expect. More than 70 percent of the reference letter corrections we handle are resolved before a lawsuit is filed.

How Your Employment Lawyer in Munich Works — Four Steps

1. Free initial assessment within 24 hours

You describe your situation—in writing via our contact form, by phone, or in person. We will get back to you within one business day with an initial assessment of the situation: what claims you may have, what deadlines apply, and whether legal action is financially worthwhile. There are no costs at this stage.

2. Strategy and Negotiations with the Employer

We will work with you to develop a concrete strategy. Whenever possible, we conduct negotiations in writing and avoid going to labor court for as long as is reasonable—this saves time, money, and friction. With the three-week deadline in effect, we will, of course, prepare the lawsuit in parallel.

3. Lawsuit filed with the Munich Labor Court

If no agreement can be reached, we will file a lawsuit with the Munich Labor Court, located at Winzererstraße 104, 80797 Munich—we are familiar with the individual chambers and their hearing styles. In the first instance, you will not be liable for the opposing party’s attorney’s fees, even if you lose (Section 12a of the German Labor Court Act [ArbGG]). This is one of the major differences from all other areas of law.

4. Settlement or Judgment — and Enforcement

Most labor court cases end with a settlement that includes a severance payment. If a judgment becomes necessary, we enforce enforceable claims—wage garnishment, applications for enforcement, and enforcement by a bailiff. Only through enforcement does an enforceable judgment turn into actual money in the account.

Frequently Asked Questions for Your Employment Lawyer in Munich

How long do I have to file a wrongful termination lawsuit?

Three weeks from the date of receipt of the written notice of termination (Section 4 of the German Employment Protection Act). “Receipt” in this context means: delivery to a mailbox, hand delivery at the office, at a hospital, or to a family member. Even being away on vacation does not extend the deadline. Anyone who misses this deadline can practically no longer defend themselves—the termination is considered valid, even if its content was contestable. Exceptions are rare and subject to strict conditions (Section 5 of the German Employment Protection Act). We recommend to all our clients: If you receive a notice of termination, it’s better to call the same day rather than wait two days.

Can I be fired while on sick leave?

Yes. Termination during sick leave is not automatically invalid—sick leave does not protect against termination. However, termination due to illness is subject to strict requirements: a negative prognosis regarding the employee’s health, significant operational impacts, and a balancing of interests in favor of the employer. In our practice, we see that employers often have not documented the prognosis and the balancing of interests as thoroughly as they should have—and this is precisely where we come in.

What is a reasonable severance package in Munich?

The rule of thumb is half a month’s gross salary per year of employment (Section 1a of the German Employment Protection Act). In the settlements we negotiate at the Munich Labor Court, the typical range is between 0.5 and 1.5 months’ salary per year of employment—depending on the reason for termination, length of employment, negotiating position, and how far the proceedings have already progressed. Higher severance payments are possible if the grounds for termination are hardly tenable or if the employer has an economic need for a quick resolution of the proceedings.

What is the waiting period if I resign or enter into a mutual termination agreement?

If an employee resigns voluntarily or enters into a termination agreement without good cause, the Federal Employment Agency typically imposes a twelve-week waiting period for unemployment benefits (Section 159 of SGB III). The waiting period also reduces the duration of eligibility by that amount of time. Before entering into any termination agreement, we assess whether a valid reason can be demonstrated (such as workplace bullying, health issues, or operational changes) or how the agreement can be structured to avoid a waiting period. In cases of doubt, this assessment is worth more than a few thousand euros in severance negotiations.

How much does an employment lawyer in Munich cost?

At KLAMERT & PARTNER, the initial assessment of your case is free of charge. Any further consultation will be provided after you retain our services—either based on RVG fees or an individual fee agreement. If you have legal expenses insurance, we will handle the coverage inquiry. A practical note: In the first instance before the labor court, each party bears its own attorney’s fees—regardless of who wins (Section 12a ArbGG). This significantly reduces cost risks in labor law, unlike in almost all other areas of law.

Where is the Munich Labor Court located?

The Munich Labor Court is located at Winzererstraße 104, 80797 Munich, in the Schwabing-West district. It has subject-matter and territorial jurisdiction over most disputes involving employees from the Munich metropolitan area and parts of the surrounding region. The court of appeals is the Munich Regional Labor Court, also located in Munich (Winzererstraße 106). From our office on Pettenkoferstraße, you can reach the court in about 15 minutes via the U2 subway line.

What can I do if my job reference is negative?

You have a legal right to a truthful, favorable, and qualified reference (Section 109 of the German Trade Regulation Act). When evaluating a reference, the average rating (“to our full satisfaction”) is considered the standard. If you want a better grade, you generally have to prove it yourself. In our practice, we review references word for word against the case law of the Federal Labor Court. More than 70 percent of the reference corrections we handle can be resolved out of court—a higher percentage than many clients expect.

Do I have to sign a termination agreement?

No. No one can be forced to sign. If your employer tries to pressure you (“sign now or face termination”), you should not sign immediately and should seek legal advice instead. In our experience, applying pressure usually weakens the employer’s negotiating position—employees represented by a lawyer almost always get an extension of the deadline that the employer had previously declared non-negotiable.

Will a written warning remain in my personnel file forever?

In practice, a written warning remains in your personnel file for as long as it can still have legal consequences under labor law—typically two to three years, depending on the severity of the allegation. If the written warning is unlawful, you are entitled to have it removed from your personnel file. In most cases, we resolve this out of court—going to labor court is the less common route.

Does my fixed-term contract count as a permanent contract if the fixed term is invalid?

Yes. If the fixed-term provision is invalid (e.g., more than three renewals without objective grounds under Section 14 of the German Part-Time and Fixed-Term Employment Act (TzBfG), failure to specify the fixed term in writing, or a prohibition on prior employment), the employment contract is deemed to have been entered into as an indefinite-term contract. This can be enforced through an action to convert the contract to an indefinite-term contract. Important: The three-week period begins at the agreed-upon end of the contract, not at the start of the contract (Section 17 of the German Part-Time and Fixed-Term Employment Act). Therefore, if you were given a two-year contract and file the lawsuit ten months later, it is too late.

Labor Law Attorney in Munich — Right Next to Theresienwiese

Our law firm at Pettenkoferstraße 37 is located right next to Theresienwiese in Munich’s Ludwigsvorstadt district—within walking distance of Munich Central Station, Sendlinger Tor, and Goetheplatz. Clients from all over Munich—from Schwabing to Bogenhausen, Pasing, Sendling, and Au-Haidhausen—can reach us by subway (U4/U5 Theresienwiese, U3/U6 Goetheplatz, U1/U2/U7/U8 Sendlinger Tor) and tram lines 18/19. Appointments outside of office hours and online cases with encrypted communication are available by arrangement—a practical advantage, particularly in labor law, when clients are under time pressure or are still employed and require discretion.

Free Initial Consultation with Your Employment Law Attorney in Munich

Describe your situation to us in two or three sentences—we’ll review your case at no obligation to determine what claims you may have and what deadlines are currently in effect. You can reach us online, by phone at 089 540 239 0, or in person at Pettenkoferstraße 37 near Theresienwiese. If you’ve received a termination notice, a termination agreement, or a warning letter, we’ll get back to you within one business day.