Arbeitsgericht

Arbeitsgericht is the German term for the labor court, a specialized court within the German judiciary. It is the court of first instance for disputes arising from employment relationships and certain matters of collective labor law. The Arbeitsgericht forms part of a three-tier system: the Arbeitsgericht at the local level, the Landesarbeitsgericht at the state level, and the Bundesarbeitsgericht as the federal supreme court for labor law.

Jurisdiction and subject matter: The court handles individual labor-law disputes such as wage claims, claims for damages, protection against dismissal, working time, vacation entitlements, and terms of employment. It also deals with related issues under collective labor law, for example disputes arising from collective agreements or works agreements when referred to the court. It generally does not handle purely civil claims unrelated to employment, though employment contracts often place such claims under its purview. Jurisdiction is typically determined by the place of the employer’s seat or the employee’s place of work, with specific rules for cross-border or special situations.

Procedure: Proceedings begin with filing a complaint at the competent Arbeitsgericht. Before a full oral hearing, the court usually conducts a Güteverhandlung, a conciliation or settlement attempt. If unresolved, the case proceeds to a public hearing where evidence is presented and witnesses can be heard. The court’s panel typically consists of one professional judge and two lay judges (ehrenamtliche Richter) representing the social partners.

Decision and appeals: The Arbeitsgericht issues a written judgment. Either party may appeal on points of law to the Landesarbeitsgericht (Berufung); further revision to the Bundesarbeitsgericht is possible in limited circumstances.