07.02.2019 Ι Unpaid wages or even dismissals: In case of anger with the employer, union members can rely on their legal protection – if necessary, by all instances. What you need to know.
Who can use trade union legal protection? All members of IG Metall or another DGB union, Legal advice is possible directly after joining. Legal protection for legal representation is available from a membership of three months. The experts of IG Metall or the DGB Legal Protection GmbHadvise and represent members towards their employers, pension, health or accident insurance and unemployment insurance. Even in the case of recognition as a disabled person or an adjustment of the degree of disability, they are involved in the opposition and legal proceedings.
In which cases is there advice and legal protection? In case of dispute after accidents at work, dismissal or illness. In disputes about pensions, pay, payroll. For questions about vacation and holiday pay, maternity leave, warning or for occupational pensions.
Where do I apply for legal protection? First contact point for members is the competent IG Metall office on site. There they receive a first consultation. Important: For this interview bring all documents from the employment relationship (employment contract, settlements, etc.). This gives the consultants a first overview. The office examines the case and decides whether legal protection is granted. The good: In many cases, disputes are settled out of court.
Whom do I have to inform? In the event of a dispute with the employer, those affected should also quickly turn on the works council. Especially when superiors demand to sign something. It is by no means all legally permissible for employers to submit one for signature. Employees should never sign anything untested. This also applies to social disputes, for example with the employment agency. The IG Metall office also helps with these questions.
What advantages does trade union legal protection have over private ones? 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 provides the attorney with a so-called cover slip only if there is an illegal act by the employer. The experts at the responsible IG Metall offices will help you even if there is no dispute. They check wage and salary statements and claim possible claims – first out of court, if necessary, in court. Whether examination and consultation, representation in court or before authorities: union members incur no costs.
And unlike private lawyers, trade union representatives have no financial interests of their own. That’s why they can tailor their advice to the interests of the person seeking justice.
Does IG Metall also pay for a self-employed lawyer? The rules on trade union legal protection are set out in the IG Metall Statute and the legal protection guidelines. Thereafter, a subsequent assumption of legal fees is inadmissible. These costs must pay members out of pocket. Depending on the dispute and the outcome of the procedure a costly affair.
Background: The DGB legal protection
DGB Rechtsschutz GmbH represents members of the DGB trade unions in court. 385 legal protection secretaries work in 111 offices throughout Germany. In 2015, they processed 126,576 new cases, gaining € 261 million for union members. Most of the procedures were conducted for IG Metall (35.6 percent).