📍 Advice and points of contact
In brief
With employment law questions you do not have to be on your own: the works council, trade unions, the Rechtsantragstellen (court offices for filing claims) at the labour courts and – if you have a low income – state legal advice assistance (Beratungshilfe) and legal aid (Prozesskostenhilfe) offer support, often free or at a considerably reduced price.
Where deadlines are short, in particular the three-week deadline for a claim against dismissal, speed is what matters most: if in doubt, go straight to the labour court's Rechtsantragstelle or to a lawyer rather than weighing things up at length first.
Step by step
- Approach the works council or trade unionIf you are a trade union member, you often have a right to free legal advice and representation through the union's legal protection service.
- Use the Rechtsantragstelle at the labour courtThere you can get free advice – even without a lawyer – and have a claim recorded, in particular if a deadline is about to expire.
- Apply for legal advice assistance (Beratungshilfe)If you have a low income, the state pays most of the cost of initial out-of-court advice from a lawyer (Beratungshilfe) and, where applicable, of court proceedings (Prozesskostenhilfe).
- Check your legal expenses insuranceIf you have it, clarify early with your legal expenses insurer whether and to what extent costs are covered for an employment law dispute.
Deadlines
- Advice services differ greatly in quality and independence – initial information does not, in more complex cases, usually replace a full assessment of the prospects of success by a lawyer.
- Legal advice assistance and legal aid require low income and assets and generally must be applied for before or immediately at the start of the lawyer's work.
- Legal expenses insurers often require a waiting period after the contract is taken out and may exclude some employment disputes (e.g. around the conclusion of a new employment contract) – check the contract terms carefully.
- If you only want to join a trade union in order to use its legal protection, you should know that most unions require membership to have existed before the specific legal dispute arises for the protection to apply.
In depth · legal basis, figures and practice – for advisers and professionals
Works council and trade union
The works council can mediate in internal conflicts and in many matters has its own rights to information and co-determination (see topic page "Works council and co-determination"). Trade unions as a rule offer their members free legal advice and, in a dispute, also representation in court through the union's legal protection service; as a rule, membership that already existed before the dispute is a precondition.
Rechtsantragstelle at the labour court
Every labour court has a Rechtsantragstelle (court office for filing claims) where claims and applications can be declared orally to be recorded even without representation by a lawyer. Especially where a deadline is about to expire (e.g. the three-week deadline under § 4 KSchG), this is a quick and free way to meet the deadline.
Legal advice assistance and legal aid
Under the Legal Advice Assistance Act (Beratungshilfegesetz), people with low income and assets can apply to the local court (Amtsgericht) for a Beratungshilfe voucher for out-of-court advice from a lawyer; the personal contribution is usually only a small amount. For court proceedings, legal aid (Prozesskostenhilfe) under §§ 114 ff. ZPO may be available, which, depending on income, can also take the form of an interest-free loan repaid in instalments.
Other independent points of contact
In addition, consumer advice centres (Verbraucherzentralen), church and municipal social advice centres and the Federal Anti-Discrimination Agency (in cases relevant to the AGG), among others, offer initial orientation, but do not replace full representation by a lawyer in court proceedings.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.