Expertise

Areas of Expertise

  • Restructuring

    • Restructuring and mass redundancy

    • Representing employers in mandatory negotiations with the works council

    • Spin-offs / outsourcing operating units

    • Employment-law consultancy on changes of corporate form

    • Employment-law consultancy on mergers & acquisitions

    • Due diligence with regard to employment law

    • Post-merger integration

    • Expert opinions on risks of occupational pension plans

    • Changes in and standardisation of compensation and benefits

    • Cooperation with companies to find jobs for dismissed employees

    • Defending employers against claims of unfair dismissal


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  • Outsourcing

    • Strategic preparation of the transfer of enterprises

    • Drafting outsourcing agreements and service level agreements

    • Allocation of liability between purchaser and vendor

    • Excluding the application of s. 613a of the German Civil Code

    • Spin-offs and partial spin-offs of operating units

    • Personnel layoffs resulting from purchaser's concept

    • Redundancy scheme negotiations and proceedings before conciliation boards (Einigungsstellen)

    • Negotiating collective bargaining agreements with works councils concerning working conditions (Betriebsvereinbarungen)

    • Negotiating agreements with labour unions (Tarifverträge)

    • Drafting letters informing employees of intended transfer of undertaking (section 613a para. 6 German Civil Code)

    • Transfer of undertakings in insolvency

  • Employment Law Advice - Company Reorganisation

    • Restructuring of enterprises

    • Outsourcing of operational units

    • Reorganisation strategies before insolvency

    • Insolvency-related employment law

    • Transfer of personnel to transfer company

    • Company agreements with trade unions on restructuring

    • Reduction of remuneration

    • Mass redundancies

    • Negotiations with works councils and trade unions

    • Cooperation with management consultancies

  • Works Council Constitution Law

    • Representation at conciliation committee proceedings

    • Consultancy on measures requiring a mandatory redundancy scheme

    • Conducting negotiations on reconcilement of interests and redundancy schemes

    • Preparing innovative remuneration and working hours schemes

    • Support with and challenge of works council elections

    • Drafting agreements with works councils

    • Joint operations between several companies

    • Preparing documents for mandatory hearing of works council on terminations

    • Substituting mandatory consent of works council to hiring, transfer and payment of employees

    • Removing members of the works council

    • Advice on the constitution of European works councils

    • Drafting company policies for employee selection

    • Litigation against works council

    • Expert opinions on specific questions

  • Collective Bargaining, Trade Unions & Industrial Action

    • Negotiating agreements between trade unions and employers' associations or individual employers concerned with wages and working conditions ("collective bargaining agreements")

    • Transfer of a company to a different collective bargaining agreement

    • Terminating the binding effect of collective agreements

    • Advising employers, employers' associations and trade unions in industrial disputes

    • Negotiating collective bargaining agreements

    • Designing modern remuneration systems under collective bargaining agreements

  • Privatization

    • Transferring state activities to private bodies

    • Employment-law consultancy on the privatization of public utilities, waste disposal facilities and transport undertakings, hospitals, nursing homes etc.

    • Outsourcing for public-law legal entities

    • Assignment of civil servants to private entities

    • Negotiation with employee representation bodies

    • Solving problems of additional employee pensions in the public sector

    • Expert opinions on specific questions, e.g. on collective bargaining law

    • Public private partnerships

  • Employee Benefits & Pension Schemes

    • Conducting master lawsuits

    • Advice and risk allocation on corporate acquisitions

    • Due diligence

    • Drafting pension schemes

    • Harmonisation of pensions schemes following reorganisations / mergers

    • Outsourcing of pension funds

    • Creation of relief funds for pensions

    • Conversion of salary to pension for tax advantages

    • Conversion of government pensions into private pensions on privatization

    • Contractual trust agreements (CTA); spin-offs of pension liabilities for corporate accounting purposes

    • Expert opinions on specific questions

  • Boards of Directors & Managing Directors

    • Appointment of board members

    • Drafting contracts of employment for board members

    • Removal and dismissal of board members

    • Severance agreements

    • Conducting negotiations and ongoing advice

    • Designing board rules of procedure

    • Board member remuneration

    • Pension commitments

    • Post-contractual non-compete agreements

    • Questions of liability

  • Advising Supervisory Boards On Co-Determination Matters

    • Expert opinions on all questions of co-determination law

    • Preparation of and consultancy on supervisory board elections

    • Day-to-day advising of supervisory board members

    • Appointment and removal of board members

    • Drafting supervisory board resolutions

    • Questions of liability

    • Conducting proceedings on employee status of board members

  • Temporary Hire of Employees & Secondment

    • Drafting contracts on the supply of temporary employees

    • Drafting contracts for work and services

    • Participation of works council in hiring employees as temporary workers

    • Preventing employment-law violations

    • Help obtaining licences for temporary employment

    • Cooperation and negotiation with licence-issuing agency

    • Setting up intercompany temporary employment agencies

  • International Secondment of Personnel

    • Optimizing international work contracts

    • Drafting secondment contracts

    • Secondment within group of companies

    • Support in obtaining a work permit

    • Advice on social security questions

    • Cooperation with foreign consultants and authorities

    • Involvement of works council in sending employees abroad

    • Optimized design of severance agreements for expatriate employees

    • Negotiation in international cases

  • Contracts of Employment & Termination Agreements

    • Drafting of standard employment contracts

    • Amendment of standard contracts with respect to recent legislation in German civil law

    • Drafting of individual employment contracts for executives, board members and managing directors

    • Post-contractual restraints on competition

    • Company car agreements

    • Negotiating and drafting termination agreements

    • Tax-optimized design of termination agreements and severance pay

    • Dealing with and preventing negative consequences of termination with regard to unemployment benefits

  • Designing Modern Remuneration Systems & Stock Option Plans

    • Implementing new remuneration systems

    • Standardization of wages

    • Changes in pay rates

    • Agreements on goals and performance management

    • Stock option plans and other profit-sharing plans

    • Employee profit-sharing plans in non-public companies, e.g. phantom stocks

    • Employee incentive schemes

    • Cafeteria plans

    • Changing fixed payments into profit-related payments

    • Deferred compensation

    • Drafting agreements with works councils

    • Negotiating with trade unions and works council

  • Flexible Working Hours Schemes

    • Development and implementation

    • Drafting agreements with works councils

    • Negotiations with works councils and trade unions

    • Introduction of rotating and fixed shift systems

    • Variabilizing working hours

    • Working time accounts, e.g. annual working time

    • Trusted flexitime

    • Partial retirement

    • Dealing with unexpected or undesired requests for part-time work

    • Problem areas of the German Working Time Act

  • Ecclesiastical Employment Law

    • Dispute resolution and mediation

    • Litigation of disputes arising between churches and their employees

    • Removal from office

    • Proceedings challenging compulsory retirement

    • Disputes on aptitude for church office

    • Church employee representation

    • Advising church communities in conflicts with church administration

    • Litigation before ecclesiastical and secular courts

  • Internet In The Workplace

    • Drafting agreements on Internet use in the workplace

    • Negotiating Internet agreements with works council

    • Right to privacy

    • Data protection and telecommunications law

    • Secrecy of telecommunications

    • Implementing de-escalation mechanisms

    • Electronic personal file

    • International networks

    • Sanctions for unauthorised use of Internet / email

    • Disputes on supply of IT equipment to works council

    • Negotiations with works council on Internet at the workplace

    • Expert opinions on specific questions