The complaint may be filed in writing or orally for the record at the Registry (Legal Claims Office). For the purpose of reaching an amicable agreement between the parties, a conciliation hearing shall first take place before the chairman.
In the case of monetary claims, an order for payment may be issued and - if no objection is lodged or if it is not lodged in good time - an enforcement order may be issued.
In principle, the provisions of the Code of Civil Procedure apply to enforcement of labor court judgments, with certain deviations with regard to enforceability. The judgments of the labor courts against which an objection or appeal is admissible are provisionally enforceable by operation of law. Preliminary enforceability may only be excluded within narrow limits if the defendant demonstrates that enforcement would cause him or her irreparable disadvantage and submits a corresponding application.
Court decisions contain information on the right of appeal or legal remedy, which indicates the applicable time limit in each case.
The legal remedies are appeal, revision and complaint.
Appeals against labor court rulings are made to the regional labor courts. An appeal may only be lodged if the value of the object of the appeal exceeds 600.00 euros or if it is a dispute about the existence of the company (e.g. dismissal) or if the appeal has been admitted in the judgment of the labor court. The appeal must always be allowed if the case is of fundamental importance or the case concerns legal disputes between parties to collective agreements arising from collective agreements or concerning the existence or non-existence of collective agreements. The time limit for appeal shall be one month, and the time limit for filing the grounds of appeal shall be two months from the date of service of the judgment of the 1st instance, which shall be in full form, but not later than the expiry of 5 months from the date of delivery. In certain cases, a judgment of the Labor Court may be appealed to the Federal Labor Court (i.e. without prior appeal proceedings).
An appeal to the Federal Labor Court against a judgment of a state labor court takes place if it has been permitted by the state labor court or by the Federal Labor Court in response to a complaint of non-admission. The time limit for the appeal is one month, the time limit for its substantiation is two months.
Appeals against other decisions of the Labor Court shall be decided by the Regional Labor Court. All judgments and other decisions that can be appealed with a time-limited right of appeal contain a notice of appeal.