Expertise
Employment & Social Security Law
Employment law governs the rights and obligations arising from the relationship between employee and employer. Disputes may concern wages, overtime, annual leave, severance and notice pay, reinstatement, mobbing, workplace accidents, insurance declarations and termination. Because these directly affect people’s finances and careers, obtaining legal support from the outset — in cases of dismissal, forced resignation, unpaid wages, mobbing or workplace accidents — is important. Our firm advises and represents both employees and employers.
Process and Mandatory Mediation
For most wage claims and reinstatement requests, applying to a mediator before filing suit is mandatory. Correctly identifying and fully calculating the claimed items (severance, notice, wages, overtime, annual leave, weekly rest, public holidays) matters, as the mediation minutes shape the scope of any later lawsuit.
If no settlement is reached, a lawsuit is filed with the labour court. Evidence is decisive: social security records, payslips, bank payments, time sheets and entry-exit logs, e-mail and message records, the employment contract, the termination notice and witness statements are assessed. Most cases involve an expert review; a timely objection to the report is important for correcting miscalculations. Appeals are available against the judgment.
Employee Entitlements
Depending on how the contract ends, an employee may claim various items. The main entitlements are:
- Severance pay: at least one year of service and a qualifying termination
- Notice pay: where statutory notice periods were not observed
- Wage claims: unpaid/underpaid salary, bonuses, and benefits such as transport and meals
- Overtime: premium pay for work exceeding 45 hours per week
- Weekly rest, national and public holiday pay
- Annual leave pay: for unused leave upon termination
- Determination of the real wage: benchmark research where wages were paid in cash or under-declared
Reinstatement and Termination Disputes
An employee covered by job security who is dismissed without a valid reason may bring a reinstatement claim. A mediator application must be filed within one month of the termination notice and, failing settlement, a lawsuit within two weeks; these are strict time limits. The number of employees, the employee’s seniority, the validity of the dismissal and the principle of dismissal as a last resort are assessed.
Unfair dismissal, justified termination, forced resignation, the validity of releases and waivers, disciplinary processes, and dismissal for poor performance or absenteeism are frequent disputes. The termination notice, records, defence statements, warnings and workplace records are examined together.
Mobbing, Discrimination and Employee Rights
Mobbing is the systematic and continuous subjection of an employee to psychological pressure, intimidation or exclusion. Breach of the employer’s duty of equal treatment may give rise to a discrimination claim. Witness statements, e-mail and message records, medical reports and workplace practices are important here.
Workplace Accidents, Occupational Disease and OHS
A workplace accident is bodily or psychological harm suffered by an employee at work or while carrying it out, with significant consequences under employment, social security and tort law. In cases of permanent/temporary incapacity, loss of earning power or death, pecuniary and non-pecuniary compensation may be claimed.
Under the duty of care, the employer must take occupational health and safety measures. Lack of training, protective equipment, risk assessment or supervision may give rise to liability. In occupational-disease claims, medical reports, environmental measurements and social security reviews are assessed.
Insurance Declarations and Service Determination
Where an employee is employed without insurance or their working period is under-declared, a service determination action may be brought to establish the actual periods worked and have them recorded. Witness statements, workplace records and evidence of actual work are important.
Under-payment of premiums, under-reporting of days or under-declaring wages affects both employee entitlements and pension/social security rights; social security records, payslips and bank payments must be assessed together.
Contracts and Special Forms of Work
Properly drafting employment contracts (fixed/indefinite term, probation, non-competition and confidentiality clauses) prevents future disputes. Sub-contractor / principal-employer relationships, sham arrangements and liability for entitlements on a workplace transfer are common issues.
Work permit processes for foreign workers; remote/hybrid and flexible work; and the existence of an employment relationship for couriers, field and platform workers should also be assessed. What matters is the actual nature of the work, not the label of the contract.
Our Employment Law Services
Our main services for employees and employers:
- Wage-claim actions; severance, notice, overtime, holiday and annual-leave claims
- Reinstatement actions; unfair/justified termination and forced-resignation disputes
- Mobbing, discrimination and trade-union compensation claims
- Compensation claims arising from workplace accidents and occupational disease
- Service determination, uninsured-work and under-declared-premium disputes
- Drafting employment contracts; preparing releases and termination documents
- Employer advisory, termination-process management and disciplinary procedures
- Preparing mediation applications and handling appeal proceedings
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Employment & Social Security Law
As a rule, no severance is due upon resignation. However, in cases of justified termination — such as unpaid wages, under-declared insurance or health reasons — or certain statutory situations, an employee may still be entitled to severance.
Claims linked to termination, such as severance, notice pay and annual leave, are subject to a five-year limitation period. Reinstatement requires a mediator application within one month of termination.
Time sheets, workplace entry-exit records, e-mails, messages and witness statements can all be used to prove overtime. The evidential situation must be assessed for each case individually.
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