Form for the payment order from the labor court

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A dunning procedure can also be carried out in labor law matters. When applying for a dunning notice from the labor court, a specific form must be used, which is usually available in stationery shops.

Certain requirements apply to a dunning procedure before the labor courts. These partly coincide with the requirements that apply to the dunning procedure before the civil courts, but with some deadlines special features have to be observed.

The payment order from the labor court

For the dunning procedure before the labor courts, Section 46a Para. 1 of the Labor Court Act (ArbGG) to the corresponding provisions of the Code of Civil Procedure (ZPO).

  • Notwithstanding this, the responsibility for carrying out the procedure is based on the responsibility for the judgment procedure, see Sect. Section 46a para. 2 ArbGG.
  • In order to be able to apply for a payment order from a court for labor matters, legal recourse must be opened; this is according to § 2 para. 1 no. 3 letter a) ArbGG, for example, the case in disputes arising from the employment relationship. For example, this could be an outstanding wage claim.
  • Deviating from the regulations of the ZPO, the labor court dunning procedure sees the dunning notice for the settlement of the payment or the objection to the alleged payment claim only one week before, s. Section 46a para. 3 ArbGG, otherwise it is two weeks, s. § 692 para. 1 No. 3 ZPO.
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The applicant must use a special form

Anyone who submits an application for a payment order before a labor court must use a special form, cf. Section 46a para. 8 ArbGG. The corresponding forms were introduced on the basis of an ordinance from 1977 and are available in stationery shops.

  • Since they differ from the forms for the civil court dunning procedure, you should make sure that you really use the correct form.
  • In the form or Form must u. a. Information is given about the exact claim that is to be asserted, cf. § 690 para. 1 No. 3 ZPO.

If you want to obtain a dunning notice before the labor court, you have to use a different form than for the dunning procedure before the local court. In addition, the labor court process must be opened for the enforcement of the claim.

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