Employment Law

The termination of an employment relationship is very often for employers and almost without exception for employees, executives and managers a stressful exceptional situation in which a multitude of legal questions and structuring options have to be weighed and then decided upon. We represent employers and employees in these separation situations with conviction and equal vehemence. Particularly in negotiations, it is a great advantage that we can assess the perspective of the respective opposing party and thus provide tailor-made advice and better assert the interests of our clients. Whether a severance payment is offered from the employer’s point of view or demanded from the employee’s point of view, and if so, in what amount, usually depends on whether alternatively a termination would also be promising. Therefore, at the beginning of the consultation, we analyze together with you the relevance of the separation issue for termination.

In addition to the amount and structuring of the payment of a severance package, we advise you on all individual questions of a severance agreement, e.g. the time of termination of the employment relationship, revocable or irrevocable release with continued payment of the remuneration (fixed remuneration, performance-based remuneration, one-time payments and special payments, benefits in kind such as the continued use of the company car, etc.). e.g. continued use of a company car), granting of vacation, compensation for overtime and extra work, issuing of an interim and a final reference, language regulations on leaving and references, return of data/documents/equipment, data protection issues, post-contractual non-competition clause, company pension scheme. When advising employees, we optimize the termination agreement in terms of both tax law and social security law.

We draft employment contracts for a large number of employment relationships or precisely for the individual case, e.g. for the manager, the executive employee or the expert in the company. In doing so, we take into account the current legislation and case law. It is equally important to us that the employment contracts stand the test in practice and meet the interests of our clients.

There are various types of fixed-term contracts, e.g. fixed-term contracts for substitution, for temporary needs, or fixed-term contracts without any reason, which are subject to different requirements. We determine for you whether a fixed-term employment contract is legally possible and how it should be structured. If you have an employment contract with an unlawful fixed term, we will support you in asserting your claim to an unlimited employment relationship, if necessary by bringing an action for the removal of the fixed term before the labor court.

We advise you as an employer on your obligations towards your employees in accordance with the General Data Protection Regulation and the Federal Data Protection Act. We work with you to develop the necessary instructions, information, declarations of commitment and consent from your employees, as well as agreements on employee data protection.

Likewise, we advise you as an employee about your rights vis-à-vis your employer.

We advise companies on all issues of works council constitution law that arise in practice. We support you during works council elections and in your daily cooperation with the works council. We advise you on the content and scope of the works council’s participation and co-determination rights. We negotiate agreements with the works council, e.g. on questions of working conditions or data protection. In the case of personnel measures such as hiring and dismissals, we prepare the necessary hearings of the works council for you. In the event of disputes, we conduct the necessary consent substitution proceedings before the labor court, e.g. in the case of hiring, transfers or extraordinary terminations of works council members. In addition, we conduct reconciliation of interests and social plan negotiations with the works council in the event of changes in operations, if necessary also within the framework of the conciliation board.

Drafting and negotiating data protection and compliance provisions, including whistleblowing systems, codes of conduct and codes of ethics. In addition, support of companies in cases of corruption and compliance violations.

The correct classification of the cooperation with freelancers as well as the drafting of legally secure contracts are necessary in order to avoid the danger of bogus self-employment. We help you with the situation analysis and the correct drafting of these contractual relationships. We also support you in status determination procedures vis-à-vis the social security authorities.

We advise and represent you as an executive, managing director or board member in the drafting of your employment contract and in the enforcement of your contractual claims in the course of the employment relationship. In addition, we accompany you in separation situations.

Making far-reaching decisions – this is part of everyday life for you as a manager, managing director or board member. However, when it comes to your departure from the company, you should not pursue without the advice of experts in employment law. The focus here is in particular on whether you will be dismissed as managing director or board member or whether you will resign from this office, when the employment relationship will end, whether paid leave will be granted until termination, whether only the fixed remuneration or also the open bonuses will be paid, whether stock options can still be exercised, whether the pension scheme is secured and continues, whether a post-contractual non-competition clause exists or is lifted, how the separation is communicated internally and externally, whether liability claims of the company against you are a concern or whether your discharge by the shareholders’ meeting or, even more far-reaching, a general compensation clause can be achieved in the termination agreement. We accompany you with competence and tactical skill in the negotiations with your company and – if necessary – in court.

Churches are the second largest employer in Germany. Basic working conditions are mostly determined by special bodies (“Third Way”) consisting of employees and employers in order to create a balance. In some cases, comprehensive collective agreements also apply, such as the TV-EKBO in the Protestant Church Berlin-Brandenburg-schlesische Oberlausitz. We are familiar with the specifics of church labor law and conduct results-oriented negotiations with the aim of finding a mutually agreeable solution or get involved to represent your interests, regardless of whether you are an employer or an employee, in front of the conciliation board or the labor court.

We advise you even before a notice of termination is received. We analyze the facts of the case, examine the reasons for termination and any special protection against dismissal. In this way, mistakes can be avoided in advance and the risks of proceedings for protection against dismissal can be assessed.

If you are an employer, we will work with you to ensure that the works council or staff council and the representative body for the severely handicapped are heard before the notice of termination is issued. If the termination requires the approval of the authorities, e.g. in the case of people with disabilities, we will support you.

In proceedings for protection against dismissal, we enforce your interests or – if you wish – we try to reach an amicable settlement before a court decision.

The working conditions in the public sector are characterized by extensive and complicated collective agreements and the special principles developed by the courts. In addition, there is a wide range of participation rights to be observed by the staff representatives. We inform you about your rights and obligations in the employment relationship of the public service and represent your interests regardless of whether you are an employee or an employer.

We represent you nationwide in front of labor courts, the regional labor courts and the Federal Labor Court. We advise you in advance about the prospects of success of a legal dispute and prepare the proceedings thoroughly. The effective enforcement of your interests is secured by our specialization in labor law and our many years of broad experience in nationwide litigation.

Tailored to your needs, we offer high-quality seminars and in-house training courses on topics that are important in practice and on current developments in labor law.

We advise corporations, institutions and foundations under public law on all issues arising in cooperation with the staff council. We support you in your daily cooperation with the staff council. We advise you on the content and scope of the participation and co-determination rights of the staff council and accompany you in negotiations on agreements with staff council. In cases of dispute, we represent you in the conciliation board or before the administrative courts in all instances.

We advise and represent companies in negotiations with trade unions on the conclusion and amendment of in-house collective agreements. If you are exposed to labor dispute, we examine its legality and develop a counter-strategy together with you.

We advise companies on labor law issues in the preparation and implementation of restructuring measures. We work with you to develop the right strategies, prepare the necessary agreements and support you in involving the works council, the representatives of the severely disabled, the integration office, the employment agency and in informing employees. We advise and represent you in reconciliation of interests and social plan negotiations with the works council and in the implementation of mass redundancies. Finally, we implement the individual measures with you under law.