Legal Consultation

Our members are always well informed. They receive comprehensive industry information via our newsletter or magazine.

Our legal advisor advises the members personally with professional and industry expertise in all legal matters affecting the industry.

• Labour law
• Rental and lease law
• Collective bargaining and trade law
• GEZ und GEMA
• Legal advice for issues with public authorities

1. A restaurant establishment hired an employee on a Saturday and immediately faxed her personal data to its tax office in order to register for social-insurance contributions. Since the tax office was not manned at the weekend, the employee couldn’t be registered until the following Monday. However, during a custom’s inspection which was carried out on Sunday, it was determined that the employee wasn’t registered and it was therefore a case of illegal employment. In similar cases, high fines amounting to several thousand euros had been imposed. In this case, our legal advisor helped the member create a statement during the preliminary proceedings. As a result, the member got off relatively easy with a fine of € 800.

2. A restaurant operator hired an employee on the basis of an oral employment contract. At the end of the month, the employee claimed that a net wage agreement had been made and that the employer didn’t have the right to deduct taxes and social insurance contributions from his wages. The employee requested a difference of almost € 1000, which the employer refused. As a result, there was a legal dispute in front of the labour court. The employer was represented by the DEHOGA Berlin legal advisor. The worker’s lawsuit was dismissed. Since the employer had an association membership, he didn’t incur any legal or court costs.

3. A member had problems with residents and with the public-order office due to alleged noise nuisance supposedly coming from his restaurant business. The member was advised by the legal advisor and was assisted in writing his statement so that no fine was imposed in the end.