
Moving abroad presents a host of challenges, including understanding workplace customs and laws – which vary by country. Factor in potential language barriers, and understanding your employment contract (and rights) can feel like attempting to cross a minefield blindfolded.
Employment law is complex, but if you’re hoping to find your footing in the professional world, you should know some of the basics. We asked Berlin-based employment lawyer Jean-Baptiste Abel to share insights into common pitfalls, debunk prevailing misconceptions, and offer practical advice to help international employees stand their ground.
What inspired you to become an employment lawyer?
My journey into employment law began in an unexpected way. Watching The Firm, a John Grisham film starring Tom Cruise, sparked my initial interest in law. I was captivated by the drama and the idea of pursuing a career in this field.
However, I wanted to make a tangible difference, and employment law stood out to me. It directly impacts people’s lives – it’s not about trivial disputes but about safeguarding livelihoods. After years of working exclusively on the employee side, I decided to establish my own practice five years ago. It’s been a fulfilling yet challenging endeavour.
Employment law can be daunting, especially for international employees unfamiliar with German labour laws. What are the most common cases you handle?
Most cases fall into two broad categories: employment contracts and terminations. Employees often seek advice regarding contracts they don’t fully understand, particularly when the legal language is in German. Even if there’s an English translation, the German version is usually the legally binding one, so it’s essential to grasp its terms.
Remember that employment law is designed to level the playing field.
Another common issue is termination, whether employees wish to leave on their own terms or are being dismissed. These cases often involve Germany’s complex and time-sensitive termination protection laws. My role is to ensure employees know their rights and options, whether negotiating severance agreements or challenging unfair dismissals.
You’ve mentioned on your website that employers often have an advantage over employees. Could you elaborate on these advantages?
Employers typically have access to more resources, such as legal departments, HR teams, and extensive experience in handling terminations and disputes. For employers, letting someone go is often a routine business decision.
For employees, however, it’s deeply personal – it affects their livelihood, self-worth and stability. German employment law seeks to balance this disparity, providing employees with mechanisms to challenge unfair practices.
How do you help employees advocate for themselves and achieve equal footing with their employers?
The first step is recognising that the employment relationship is governed by a contract, and both parties are bound by its terms. Employees have every right to question any unfair practices. I encourage clients to address issues proactively, rather than waiting for a termination notice.
German law prioritises conflict resolution, and raising concerns early can often lead to solutions without escalation. During negotiations, it’s crucial to stand firm. Employers may present offers as ‘take-it-or-leave-it’, but employees are often surprised at the outcomes they can achieve by asserting themselves.

What challenges do international workers in Germany face, and how do you support them?
Language barriers and unfamiliarity with German labour laws are significant challenges. Employers may exploit these gaps – sometimes inadvertently, sometimes deliberately. For instance, many international employees are unaware of how robust German termination protections are. Employers cannot simply dismiss someone for underperformance unless it’s extreme.
I support international workers by providing clear explanations and tailored advice. Clients often tell me it’s reassuring to have someone who understands both the legal system and the unique pressures they face, such as visa dependencies. I also offer advice in English, French, or German – ensuring my clients feel comfortable and understood in the language that suits them best.
Are there specific rights or protections that internationals in Germany should know about?
One common misconception is about performance-based dismissals. In Germany, being below average at your job is per se not grounds for termination. The law focuses on fulfilling contractual obligations rather than subjective performance metrics.
Expats should also know that employment laws offer strong protection against unfair dismissal, and severance negotiations are common if termination is unavoidable. Always seek clarity before signing any agreements, particularly when dealing with bilingual contracts.
Many employees are nervous about standing up to their employers. What’s your advice for overcoming that fear?
It’s natural to feel apprehensive, but advocating for yourself can be empowering. Communicate your concerns clearly and assert your boundaries. Employers aren’t infallible, and addressing issues early can prevent them from escalating.
Remember, a job is a professional relationship, not a personal one. Protecting your interests is part of maintaining that relationship. My role is to provide the knowledge and confidence my clients need to navigate these situations effectively.
Employers can’t penalise you for seeking clarity or standing up for yourself.
Do you have a key takeaway for employees navigating the German workplace?
Knowledge is power. Understand your rights, don’t hesitate to ask questions, and remember that employment law is designed to level the playing field. Whether you’re signing a new contract or facing termination, there’s always a path forward. With the right guidance, challenges can become opportunities.

In your experience representing employees, is there a particular case that stands out?
There are definitely cases that come to mind, but I’m not entirely comfortable discussing them directly. That said, I’ve had the privilege of helping clients in some urgent and remarkable situations. For instance, clearing an employee’s name when they’ve been wrongfully accused of misconduct is always rewarding.
If someone believes their workplace rights are being violated, what steps should they take?
They’re more than welcome to contact me. Typically, we start with a consultation, often via Google Meet, to discuss their situation and determine if I can help. If not, I’ll clarify why.
If the company has a workers’ council, or Betriebsrat, these representatives can also be an excellent resource. They understand the company’s inner workings and can provide valuable guidance. In most cases, I begin by reaching out to the company’s HR representative and aim to resolve the matter within a week.
If you could offer one piece of advice to someone struggling with workplace issues, what would it be?
Think critically. If your employer says something that doesn’t seem right, don’t ignore it. Talk to your colleagues, consult your workers’ council, or seek legal advice. Asking questions and understanding your rights is key. Employers can’t penalise you for seeking clarity or standing up for yourself – unless, of course, it’s done in a particularly confrontational way. There’s a whole infrastructure in place to help employees navigate workplace issues.
- For more information and to book a consultation, visit Jean-Baptiste Abel’s website.