Dr. Monika Hermel-Liedtke
Specialised lawyer for labour law
Specialised lawyer for medical law
Born in 1971
1990 – 1991
Study of History of Art at the University of Mainz
1991 – end of 1997
Study of Law at the Universities of Mainz and Frankfurt/M.
1998 – 2000
research assistant at the Institute for the History of Law at the University of Frankfurt/M.
2002
PhD thesis in labour and employment law, titled: Karl Flesch (1853-1915) – Politician and Lawyer (on »Freedom and Equality in Labour and Employment Law«)
2001 – 2003
Trainee lawyer in the Higher Regional Court district Frankfurt/M., focussing on labour and employment law
2003
Admission to the bar in June 2003
2003 – 2005
Member of law firm Kern – Preis – Zindel in Wiesbaden
2005 – 2006
Parental leave
2006 – 2007
Self-employed lawyer
2007 – 2012
Member of law firm Rechtsanwälte Gärtner & Dorn in Mainz
2009 – 2011
Regional Adviser of the Forum of Young Lawyers Mainz
2010
Specialist lawyer for medical law
2012
Specialist lawyer for labour and employment law
2012
Joined law firm Kern – Rechtsanwälte in April 2012
Memberships:
German Bar Association
Working group »Medical Law« of the German Bar Association
Bar Association of Rheinhessen
Labour and Employment Law
Sources of labour and employment law are the labour law of nations (like the European Social Charter of 18 Jan 1961, the European Convention on Human Rights of 1950 and the International Covenant on Economic, Social and Cultural Rights of 1966), European Community Law, Constitutional Law, labour and employment laws, statutory regulations, Ordinance Law, collective wage agreements, company and operating agreements, and the employer’s authority to give directives resulting from § 106 GewO as well as Case Law and the work contract itself as the primary source of law.
The basic problem in labour and employment law is first of all the contractual freedom of employer and employee according to the principle of private autonomy. In addition, however, many limitations have to be observed resulting from regulations meant to protect employees and based on the previously mentioned sources of law. These can be individual acts, like in the Protection Against Dismissal Act and the Maternity Protection Act or collective arrangements. The resulting complexity of the regulations has made labour and employment law increasingly confusing for both contract partners. In this complex situation we provide advice on settlements both in and out of court to both employers and employees. Our services in particular comprise defence against and bringing in claims for wrongful dismissal, drawing up severance agreements, examination and preparation of letters of warning as well as references and consultancy services relating to the enforcement of claims for part-time work within and outside parental leave.