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

  • Banks, financial services providers

    For many years now, a large number of banks and financial services providers have placed their trust in our employment-law expertise.

    We give advice on adjusting remuneration and bonus systems and on designing legally watertight management and executive board pay, taking account of the complex regulatory requirements (e.g. German IVV, Corporate Governance Code, MARisk, MAComp). Our work includes accompanying IT outsourcing projects and strategic restructurings, for example the centralisation of administrative units, the reorganisation and tightening of the network of branch offices and the optimisation of company and works council structures. We are familiar with the relevant collective bargaining environment and support you in negotiations with trade unions, for example when you enter into tailor-made company wage agreements – so that you obtain the flexibility you need to be optimally equipped for the new challenges of the rapidly changing capital market.

  • 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