Common legal errors in employment law

Fundamentals

• Always up to date - current case law.
• Avoiding errors, right to ask questions and AGG.
• Costs in the event of proceedings.

Employment contracts

• Do applicants bear the travel costs to the interview?
• Do contracts have to be concluded in writing?
• Are mini-jobs and probationary periods considered proper employment relationships?
• Exclusion periods in the employment contract.
• Duty of confidentiality.

Working hours

• Trust-based working hours.
• Working hours of managers.
• Arrangement and payment of overtime.
• Working time over 10 hours, break regulation.

Operational exercise

• Claims and payment.
• Company agreement.
• Common law and termination.

Right of direction

• Location and activity.
• The right to issue instructions and its limits.

Vacation rights and parental leave

• Vacation pay and vacation pay.
• Does the employer have to pay out unused vacation days?
• Vacation entitlement during illness.
• Part-time employment and vacation entitlement.
• Right to vacation during leave of absence?

Warning and termination

• Number of warnings before termination?
• So-called petty offenses.
• Liability and data privacy.
• Reasons for termination and notice periods.
• Cancellation agreement.
• Entitlement to severance pay?
• Testimonials must be positively worded.

Time limit

• Admissibility of the time limit.
• Multiple fixed-term contracts: is it over after two years?