Legal protection and legal advice
Legal protection for trade union members: how it works
Whether at work, during training or studies, in the event of unemployment or retirement - as part of a large community, IG Metall members have many advantages. Especially union legal protection.
IG Metall's legal protection service offers all members expert advice and free legal representation. Thanks to their good contacts in the companies, the experts at IG Metall Berlin are familiar with developments in the company and in the industry and can therefore assert the legal interests of members more effectively - through all instances if necessary.
Of course, we also offer this service free of charge to our English-speaking members.
Are you a member of IG Metall Berlin and need advice? Contact rechtsberatung-berlin(at)igmetall.de
Who can take advantage of trade union legal protection?
All members of IG Metall or another DGB trade union. Legal advice and legal protection for legal representation is available to members who have been members for at least three months and have paid their membership fee. The experts from IG Metall Berlin or DGB Rechtsschutz GmbH advise and represent members vis-à-vis their employers, pension, health or accident insurance and unemployment insurance. They are also active in objection and legal proceedings in the event of recognition as a severely disabled person or an adjustment of the degree of disability.
What disputes are covered by advice and legal protection?
Dismissal, illness, disputes about pension notices, severance payments, pay slips and more are the subject of complaints to the labor and social courts. IG Metall Berlin helps and advises on all issues relating to vacation and vacation pay, maternity leave, parental leave, warnings, company pension schemes. It checks references, employment or termination contracts and notices.
Where do I apply for legal protection?
If you have an employment or social law problem, the first point of contact for members is the IG Metall Berlin legal advice service. If you have been dismissed, it is best to contact us quickly and arrange a consultation. An action for protection against dismissal must be filed no later than three weeks after receipt of the written notice of dismissal, otherwise it will be effective. Deadlines must also be observed for notices under social law. You should take all documents from the employment relationship or the authority with you to the interview at the office. This will give the advisors an initial overview, examine the case and decide whether to grant legal protection. The good news is that in many cases, disputes are settled out of court.
What should I do first if I have a problem?
In the event of labor law disputes, it is strongly recommended - in addition to making an appointment with the legal advice service of IG Metall Berlin - to consult the works council. Especially if superiors demand that you sign something. Not everything that employers ask you to sign is legally permissible. Employees should never sign anything without checking it. This also applies to social law disputes, for example with the employment agency. If you need advice, contact us quickly. You can find our contact details here.
What advantages does trade union legal protection have over an insurance provider?
For example, the examination of employment or termination agreements. Legal expenses insurance does not cover the costs of legal advice in such cases. It often only grants the lawyer a so-called cover note (Deckungszusage) if there has been an unlawful act by the employer. The experts at our legal advice service can help even if there is no underlying dispute. They check pay slips and claim possible entitlements for their member - initially out of court, and if necessary in court. Whether checking and advising, legal representation before courts or authorities: Members incur no costs whatsoever.
What's more, unlike private lawyers, the representatives of the trade union legal protection service have no financial interests of their own. They can therefore tailor their advice entirely to the interests of the person seeking legal assistance.
Does IG Metall also cover the costs of a lawyer that I hire myself?
No. It happens here and there that a lawyer who has been instructed believes that IG Metall will cover the costs.
Members should therefore be on their guard: there are strict rules on trade union legal protection. These can be found in the IG Metall statutes and the legal protection guidelines. According to these regulations, the organization is not permitted to subsequently cover legal fees. Members must pay these costs out of their own pocket. Depending on the dispute and the outcome of the proceedings, this can be a costly affair!
Background: DGB Rechtsschutz
DGB Rechtsschutz GmbH represents members of DGB trade unions in court. Almost 350 legal protection secretaries work for it throughout Germany. In 2020, the lawyers at DGB Rechtsschutz GmbH took on a total of 122,003 new cases nationwide. Around 262 million euros were obtained for trade union members before the labor, social and administrative courts. Most of the proceedings were conducted on behalf of IG Metall.
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