Commercial and Labour Law
Commercial law
Know the status of the trader, the enterprise court's jurisdiction, and the rules on commercial contracts. Study company law basics: legal personality, limited liability, the roles of shareholders and directors, and the distinction between a company and a de facto association. Understand insolvency and the priority of creditors, including security interests and the rules on voidable transactions.
Labour law
Master the employment contract: the distinction between employee and self-employed, the essential elements, the trial period, and the grounds for termination. Know the rules on notice periods, dismissal for serious cause, and the protection of workers in restructuring. Understand collective bargaining, works councils, and the role of the labour court.
Cross-cutting issues
Commercial and labour law overlap in questions on non-compete clauses, transfer of undertakings, and liability of directors. Know the mandatory nature of labour law: many rules cannot be waived to the worker's detriment.
Traps
Questions test whether a clause is valid or void, whether a worker is genuinely self-employed, and whether a dismissal was timely. Watch the difference between a termination with notice and a termination for serious cause, which must be invoked within a short period.
Rule of thumb
For any employment question, first qualify the relationship. Then apply mandatory rules, then the contract, then collective agreements. For company questions, distinguish the company's liability from the director's personal liability.