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Labor court proceedings; filing a complaint with the labor court
In the event of disputes arising from the employment relationship, you can file a complaint with the labor court.
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Procedure details
Description
Employees and employers can take disputes arising from the employment relationship to the labor courts. According to the Labor Courts Act, there are
- Labor courts (1st instance),
- regional labor courts (2nd instance) and
- the Federal Labor Court in Erfurt (3rd instance).
The jurisdiction of the labor courts extends to all legal disputes between employees and employers arising from the employment relationship (e.g. remuneration, continued payment of remuneration, compensation, dismissal, vacation, vacation pay, handing over work documents and issuing a certificate), legal disputes between parties to collective agreements and matters arising from the Works Constitution Act, regardless of the amount in dispute.
The labor court in whose district the defendant has his or her place of residence or place of business has local jurisdiction. The seat of the administration or branch office is also possible. The labor court in whose district the employee usually performs his or her work also has jurisdiction.
With regard to representation in proceedings, the parties may conduct the proceedings themselves in the first instance or be represented by an authorized representative (e.g. association representative, lawyer). In the 2nd instance before the Regional Labor Court and the 3rd instance before the Federal Labor Court, the parties must be represented by lawyers or association representatives (mandatory representation).
Requirements
A lawsuit can be filed in the event of legal disputes between employees and employers arising from the employment relationship.
Required documents
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Employment contract, if applicable
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Letter of termination, if applicable
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Payroll, if applicable
Proceedings
The complaint can be submitted in writing or made orally for the minutes of the registry (legal application office). In order to reach an amicable agreement between the parties, a conciliation hearing will first take place before the chairperson.
In the case of monetary claims, an order for payment may be issued and - if no objection is lodged or if an objection is not lodged in good time - an enforcement order may be issued.
Fees
In proceedings before the labor court, a one-off fee based on the amount in dispute and expenses are charged as court costs. In proceedings before the labor courts, the fee rates are lower than in ordinary court proceedings. Advances on costs are not charged; this also applies to compulsory enforcement. No fees are charged in the instance in which the entire legal dispute is ended by court settlement.
Each party must bear the costs of legal representation in the first instance. The reimbursement of legal fees and compensation for loss of time (loss of earnings) by the other party are excluded by law. In the 2nd and 3rd instances, the losing party must bear the costs of the legal dispute, in particular the costs incurred by the opposing party, insofar as they were necessary for the appropriate prosecution or legal defense.
If a party is unable to pay the costs of the legal proceedings, or can only pay them in part or in installments, legal aid may be applied for if the intended legal action or legal defence offers sufficient prospect of success. In the first instance, the party will be assigned a lawyer of their choice who is willing to represent them within the framework of legal aid if representation by a lawyer appears necessary or if the opposing party is represented by a lawyer.
Deadlines
- Action for protection against dismissal: within three weeks of receipt of the notice of dismissal
- Action for termination of a fixed-term employment contract: within three weeks of the agreed end or notification that the employment contract will not be continued (= occurrence of the condition subsequent)
- Action for compensation in accordance with Section 15 of the General Equal Treatment Act (AGG): three months after written assertion
- Action for payment: no statutory deadline, possibly individual deadline in the personal employment contract or a collective agreement
- Reminder notice: no statutory deadline, possibly individual deadline in the personal employment contract or a collective agreement
Special notes
In principle, the provisions of the German Code of Civil Procedure apply to the compulsory enforcement of labor court decisions, with certain deviations with regard to enforceability. The judgments of the labor courts against which an objection or appeal is admissible are provisionally enforceable by law. Preliminary enforceability can only be excluded within narrow limits if the defendant can credibly demonstrate that enforcement would cause him/her irreparable harm and he/she submits a corresponding application.
Legal bases
Appeal
Court decisions contain information on legal remedies and the applicable time limit.
Legal remedies are appeal, revision and complaint.
Appeals against judgments of the labor court are lodged with the regional labor courts. An appeal can only be lodged if the value of the subject matter of the appeal exceeds EUR 600.00 or if it concerns a dispute over the status quo (e.g. dismissal) or if the appeal has been permitted in the judgment of the labor court. The appeal must always be allowed if the case is of fundamental importance or if the case concerns legal disputes between parties to collective agreements arising from collective agreements or concerning the existence or non-existence of collective agreements. The time limit for appeal is one month, the time limit for the statement of grounds for appeal is two months from the date of service of the judgment of the first instance in full form, but no later than five months after delivery. In certain cases, an appeal may be lodged against a judgment of the labor court to the Federal Labor Court (i.e. without prior appeal proceedings).
An appeal on points of law can be lodged with the Federal Labor Court against the judgment of a regional labor court if it has been granted by the regional labor court or by the Federal Labor Court in response to a complaint against denial of leave to appeal. The time limit for the appeal is one month, the time limit for the statement of grounds is two months.
The Regional Labor Court decides on appeals against other decisions of the Labor Court. All judgments and other decisions that can be appealed against with a time-limited appeal contain instructions on how to appeal.
Status: 09.07.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Familie, Arbeit und Soziales
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