In the field of labor law, we are committed to serving companies, shareholders,
members of the executive board, managing directors and executives.
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COMPANIES AND SHAREHOLDERS
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In the "classical" sense, providing legal consultancy and representing our clients in labor
law matters concerns the enforcement or the defense against individual legal positions taken or claims raised. This can take several forms,
depending on the context:
- Preparation the termination of certain employees by:
- Drafting warning letters
- Compiling and summarizing the information to be provided to the works council
- Dealing with matters subject to the laws governing social insurance
- Procedural issues of special protection against termination for employees
- Advise on obtaining permits or consents required from public authorities
- Requests for part-time work
- Issues under the laws governing employees' vacation entitlements
- Claims for remuneration
Our preventive legal consultancy services deal
with agreements governing individual
personal rights as well as collective rights:
- Draft model employment agreements
- Adjust employment agreements to fulfill the legal requirements as to their contents
- Develop more flexible working hours schemes
- Design pension commitments, and adjust them to fit into the framework conditions under tax law
- Develop innovative compensation systems such as deferred compensation
- Advise on bonus schemes and employee performance plans
- Draft provisions for company cars
- Use of IT with a view to employees' rights to data protection
Conceptual legal consultancy deals with planning and designing changes at the corporate and operational level:
- Restructuring operations and parts of operations (reengineering, restructuring)
- Outsourcing operations and parts of operations
- Assessing the risks involved in transfers of ownership or transfers of business section 613 a of the Bürgerliches Gesetzbuch)
- Preparing measures serving headcount reduction
We take account of the broad range of co-determination rights granted to employees at the
operational level as well as on the corporate level by supporting our clients and representing them in
dealing with the bodies entitled to such rights.
- Implement permit and approval procedures governed by the Works Constitution Act(asking employees to work overtime, transferring employees)
- Negotiate company agreements and arrangements in the fields of enforceable and voluntary co-determination
- Represent our clients in proceedings before the conciliation committee (drafting of social compensation plans)
- Represent our clients with the economic council
- Represent our clients with supervisory councils in which employee representatives are involved
In addition to providing such consultancy services, we also represent our clients in procedures
before the courts and vis-á-vis public authorities:
- Procedures before the labor courts (disputes as to the safeguarding of existing rights)
- Procedures before the labor courts to obtain court orders (scope of works council co-determination rights)
- Notification and permit procedures (hiring out of employees as temporary workers, notification of mass terminations)
- Contact to supervisory authorities for commercial businesses and for data protection issues
