Dunning procedure for issues involving labor courts

This information should be kept in mind during dunning procedures that involve labor courts:

[Image]  Conditions for dunning procedures involving labor courts
[Image]  Application
[Image]  Additional information on dunning procedures involving labor courts

Conditions for dunning procedures involving labor courts
The dunning procedure involving labor courts can only be started if there are labor law claims (e.g. claims for wages or salaries owed).

Typical claims involved in labor court-related dunning procedures include:

  • Wages and salaries
  • Bonuses
  • Continuation of wage or salary payment in case of illness
  • Compensation based on labor conditions
  • Claims resulting from loan overpayment

Condition: The foundation of your claim is the labour contract between an employer and an employee. Claims of self-employed persons against parties involved in contracts of service cannot be applied in the dunning procedure involving labor courts.

Court of jurisdiction – The labor court in the applicant’s jurisdiction must issue the court order.

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Application
Form – Labor court orders can only be requested by using special forms or registration at the labor court.

Options – There are 3 options available to open dunning proceedings at a labor court:

  • Application using forms available in stationary shops
  • Statement of memorandum at the nearest labor court
  • Application using legal council or attorneys, e.g. an attorney from our law offices retained using this website

In simple cases, the first two alternatives are recommended because the costs are lower than in the third option. If the case is more complicated and if you are uncertain of the best way to assert your claims, it is strongly recommended to seek legal advice (e.g. from labor unions) or assign an attorney (e.g. our law office).

If legal assistance or lawyers are retained, they will initially survey the claim and the circumstances which form the basis of the claim before starting the dunning procedure. In the context of legal advice, the prospects of success and suitable actions will be checked and agreed upon before beginning the proceedings.

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Additional information on dunning procedures involving labor courts
Payment of costs – In dunning proceedings involving labor courts, the costs must be paid by the applicant (creditor) or by the creditor’s legal protection insurance, even if the debtor fully settles the claim.
[Image]  Costs of dunning procedures involving labor courts

Pace of the dunning process – The court fees must not be paid until the end of the proceedings. This allows the court to issue an order and send it to the debtor immediately after filing the application at the labor court.

Time limit for filing an objection – The time limit for filing an objection against the court order or enforcement order is one week (2 weeks for civil proceedings ). 

All information is presented to the best of our knowledge. We assume no responsibility for its correctness.

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