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Labour court

Plain-language explanations: what each court handles, and what to do when you receive a summons.

The labour court handles work and social security. Next to the professional judge sit two judges from the world of employers and employees.

Typical cases

  • Dismissal, pay, notice period, employment contract
  • An accident at work or an occupational disease
  • Unemployment, sickness benefit, pension, child benefit, the social welfare centre's integration income
  • Collective debt settlement: when you can no longer pay your debts

Legal basis: art. 578–583 Ger.W.

I received a summons: what now?

  1. Read the summons carefully

    Who is suing you? What do they ask? Before which court? Write down the date, time and address of the hearing.

  2. You may go yourself

    You may go to the hearing yourself, or with a lawyer (art. 728). Before some courts your partner or a relative can also go, with a written power of attorney and if the judge allows it.

  3. Help exists, even free

    A first legal advice is free. On a low income you can get a free or cheap lawyer (pro deo) through the bar's Legal Aid Office (art. 508/1 ff.). The costs of the case can also be covered (legal assistance, art. 664 ff.).

  4. What to bring

    Your identity card, the summons and every document: contracts, letters, invoices, photos. Come a little early and report to the registry or the usher.

  5. At the first hearing

    Often the judge does not decide yet. You can ask for time to answer. The judge then sets dates (art. 747).

  6. What if you don't go?

    Then the judge can decide without hearing you: a default judgment (art. 802 ff.). You can oppose such a judgment within one month of its service (art. 1048).

Here a delegate of your trade union can also represent you (art. 728 § 3).

Summons deadline

These are general rules in plain words, not legal advice. Exceptions exist: check, or ask a lawyer or a justice house for advice.

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