Attorney at law, Ms. Hussain-Hämäläinen, LL.M. successful at the Munich Labor Court

In a legally very interesting and unusual case, I reached an excellent settlement for my client last week at the labor court of Munich, case number 33 Ca 12673/ 23.

My client’s employment law situation is probably rare in Germany. She is a senior manager of a German company who initially effectively terminated her employment contract herself. However, since the employer still needed her and could not find a replacement, the parties decided that she should continue to work also after the end of the notice period. The employer later wanted to end the employment relationship and pointed out that it had already been effectively terminated by the employee and that there was only a “de facto” employment relationship that could be terminated informally and at any time without giving reasons. The employer ended this supposedly purely factual employment relationship.

We saw things differently, filed a lawsuit for protection against dismissal and argued with Section 625 of the German Civil Code (BGB), a regulation that is hardly on anyone’s radar anymore. According to this regulation, the employment relationship is extended for an indefinite period of time after the end of the notice period if both parties knowingly continue it and the employer does not object immediately.

I negotiated a very good settlement for my client after the conciliation hearing so the court no longer had to make a decision (the judge informed the parties however already during the conciliation hearing that the case was interesting, but did not inform them how it would decide it).

Do you have questions about your employment relationship? Give us a call. Attorney at law Ms. Hussain-Hämäläinen, LL.M. will advise you personally.