Labor Law

Labor Law

The LABOR LAW TEAM provides guidance on all matters related to individual and collective labor law, as well as related social security legal issues; from daily HR tasks to complex labor law projects.

Furthermore, we represent our clients' interests before labor courts at all levels.

Our services particularly include: 

Comprehensive advice in individual employment and service contract law, including: 

  • Review of template and standard employment contracts, as well as service contracts with bodies of legal entities. 

  • Creation of employment, appointment, and service contracts, as well as contracts with freelance workers and consultants, including clarification of social insurance status questions (see also Social Insurance Law). 

  • Design of variable remuneration and incentive systems (from both individual and collective employment law perspectives). 

  • Issues related to company pension schemes (from both individual and collective employment law perspectives). 

  • Issues related to international employee assignments, e.g., employee secondment (from both individual and collective employment law perspectives), including contract design and examination of applicable labor and social insurance law (see also Social Insurance Law). 

  • Support in hiring and dismissing employees and bodies of legal entities. 

  • Termination and settlement agreements with employees and bodies of legal entities. 

  • Contract negotiations. 
  • Design of collective employment law agreements (works or service agreements). 

  • Assistance in concluding collective employment law agreements. 

  • Collective employment law negotiations with works or staff councils. 

  • Special collective employment law agreements such as balance of interests and social compensation plans. 

  • Support in conciliation board proceedings. 

  • Collective agreements, changing or exiting collective agreements. 

  • Issues of co-determination from a collective employment law perspective.
  • Specifics of the so-called "Third Way" (ecclesiastical employment law). 

  • Co-determination under ecclesiastical employment law according to employee representation laws or the employee representation regulations. 

  • Representation based on ecclesiastical employment law before ecclesiastical conciliation boards and labor courts. 

  • Issues of supplementary provisions under ecclesiastical employment law.

We advise our employer-side clients on all questions related to labor law restructuring measures - from both an individual employment law and a collective employment law perspective. Specifically, our advice covers: 

  • Operational changes / other internal restructuring measures, including drafting and overseeing negotiations for balancing of interests and social compensation plans. 

  • Staff reductions as part of restructuring measures, particularly through operational dismissals and phased early retirement. 

  • Individual employment and collective employment law consultation for targeted and structured site closures. 

  • Labor law advice when transferring employment relationships to a transfer company. 

  • Representing interests in front of authorities in connection with restructuring measures (e.g., mass redundancy notifications, applications in case of special dismissal protection, etc.). 

  • Impact of restructuring measures on variable compensation models and time accounts. 

  • Labor law consequences of restructuring processes on company pension schemes or supplementary pensions. 

  • Agreement on Contractual Trust Arrangements in restructuring measures.

We also advise on all questions related to labor law outsourcing measures - from both individual employment law and collective employment law perspectives. Specifically, our advice covers: 

  • Labor law advice on the development and implementation of outsourcing concepts and measures under individual and collective employment law aspects. 

  • Examination of the occurrence of a business transfer in accordance with § 613a BGB (German Civil Code) during outsourcing measures. 

  • Labor law advice on the preparation, design, and implementation of business transfers in accordance with § 613a BGB. 

  • Examination of the legality of dismissals in outsourcing measures. 

  • Examination of the effects of outsourcing measures on employees and employee representatives. 

  • Labor law consultation on outsourcing contracts. 

Lastly, we provide consultation on all labor law questions related to employee leasing. This includes specifically: 

  • Clarifying the scope of the Employee Leasing Act, especially in the context of cross-border employee leasing. 

  • Checking the presence of employee leasing that requires permission and leasing that does not require permission. 

  • Differentiating between service contracts/work contracts, joint operations, and employee leasing. 

  • Labor law advice related to applying for or renewing the permission for employee leasing and examining the presence of necessary prerequisites, such as certificates of non-objection. 

  • Labor law consultation on intra-group or occasional employee leasing, avoiding illegal employee leasing and chain leasing, as well as the maximum leasing duration. 

  • Examination of the consequences of both permitted and illegal employee leasing, such as equal pay. 

  • Structuring contracts for employee leasing between the lender and the borrower, as well as employment contracts with temporary workers. 

  • Representation of interests before the Federal Employment Agency and labor courts on all matters related to employee leasing. 

  • Employee leasing. 

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