In some cases, the problems can be resolved out of court. As a rule, however, legal proceedings will already be underway. The proceedings are initiated when the claim is filed. Within a short period of time (usually a few weeks), the court will schedule a so-called conciliation hearing. Here, the court tries to determine whether an agreement can be reached without having to issue a judgment. As a rule, you do not have to be present and can leave the negotiations entirely to your representative. Many proceedings end with a settlement at this point. This means that your employer will give you a Severance pay for the loss of the job. In return, it is agreed that the Termination the employment relationship ends at a certain point in time.
If no agreement is reached at this point, the parties are given the opportunity to make their case in writing and a so-called chamber hearing is scheduled. This usually takes place several months after the first hearing. You will often also be summoned in person.
After the facts of the case have been dealt with in writing and evidence has been offered, the factual and legal situation is discussed in the chamber hearing. The court will again work towards an amicable settlement. Depending on the legal situation, a settlement will be reached or a court ruling will be issued.
Both sides can appeal against the judgment. If this is done, the second instance begins before the regional labor court. Otherwise, the legal dispute is over.
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