Dr. Georg Schröder, LL.M.

Notice period during probation: how to count the 2 weeks

The notice period during probation is 2 weeks, for you and for your employer, provided a probationary period of no more than 6 months has been agreed (Sec. 622 (3) BGB). The 14 days start on the day after the written notice is received and end on the same weekday two weeks later, without a fixed date such as the 15th or the end of the month. If the notice is received on the last day of probation, the short period still applies.

What is a GmbH? Meaning and key features explained simply

GmbH stands for Gesellschaft mit beschränkter Haftung, a German limited liability company. It is a corporation and a legal entity in its own right, formed by one or more persons with at least €25,000 in share capital, of which at least €12,500 must be paid in before registration (Sec. 5 and 7 GmbHG). Once the GmbH is entered in the commercial register, only the company's assets are in principle liable for its debts (Sec. 13 (2) GmbHG).

Contract for work: what it governs and how it differs from a service contract

Under a contract for work (Werkvertrag), the contractor promises a result, for example a repaired heating system, a finished website or an expert report, and the customer promises the remuneration (Sec. 631 BGB). Payment is due on acceptance, which for work on things also starts the two-year limitation period for claims for defects (Sec. 641, Sec. 634a BGB). Under a service contract, by contrast, only the activity is owed, not the result.

Summary dismissal: when it is valid and what you need to do now

A summary dismissal ends the employment immediately, without a notice period. It is only valid if there is good cause that makes it unreasonable to wait for the normal notice period, and if it is given within 2 weeks of learning of the reason (Sec. 626 BGB). If you want to fight it, your claim must reach the labour court within 3 weeks of receipt (Sec. 4 and 13 (1) KSchG).

What is a UG? The UG (haftungsbeschränkt) legal form explained

The UG (haftungsbeschränkt), in full Unternehmergesellschaft (haftungsbeschränkt), is not a separate legal form but a variant of the GmbH under Sec. 5a GmbHG. It is formed with less than €25,000 share capital, arithmetically from €1, which must be paid in fully in cash before registration. In return, it must allocate a quarter of its annual net profit to a statutory reserve every year until the share capital has been increased to at least €25,000.

What belongs in terms and conditions? Template, contents and typical mistakes

Terms and conditions (AGB) are not required by law. Anyone using a T&C template or writing their own needs above all these core contents: scope, conclusion of contract, prices and payment, delivery or performance, warranty and liability, information on withdrawal for consumers, and final provisions. The yardstick for every clause is Sec. 305 to 310 BGB: anything that unreasonably disadvantages the customer is invalid.