Labour law

Labour law is extensive and complex in multiple aspects. Different groups of people significantly need support in labour law, for instance employees, employers, works councils and representatives - predominantly by virtue of various requirements considering legal advice, it also includes those with conflicting goals and interests. Nevertheless, in respect of labour law, we readily represent all conceivable parties whom have encountered conflict or currently experiencing any and we certainly do so quite deliberately. We tend to withhold a one-sided act in labour law. For every legal situation encountered in this area of practice, it helps all parties involved when your lawyer has a comprehensible perspective of the one across the board not only theory-wise, also the “nook and cranny” gained out of their own experience to succeed the ball game.

Employees and employers

Labour law issues considering employees and employers involving employment contract(s) are often identical, but have distinctive perspectives. This begins with questions about the application procedure (General Act On Equal Treatment, etc.) and proceeds in connection by dint of the employment contract and the ongoing employment relationship. Ultimately, employees and employers are frankly concerned about termination of the employment relationship(s) In spite of that, there are aspects of labour law that only affect one side or the other: At a glance, for employees, this relatively applies, in such scenarios of short period of three weeks in which an action for protection against dismissal must be brought against an employer's notice of termination. For employers, on the other hand, labour law often overlaps with other areas of law - e.g. company law or social security law. In this context, start-ups as employers are in turn concerned with other issues (e.g. freelancers, bogus self-employment) than SMEs, which deals with e.g. protection against dismissal and employee co-determination simply being of their size.

Whether representing an employee or employer, out of court or in court, start-up or SME: in every mandate we solely stand up for the interests of our client, take sides in the best judicious sense and by no means represent both "sides" in a case.

Thus, we provide support for employees and employers with competent advice and represent their interest concerning issues, among others:

• Termination (Without Notice)
• Ordinary Termination
• Notice of Change
• Action for protection against dismissal, representation before the Labour Court, Regional Labour Court, Federal Labour Court
• Job reference, issuance and right to correction
• Outstanding wage/salary claims, special payments, overtime compensation
• Holiday entitlement, holiday compensation entitlement, forfeiture of holiday entitlement
• Termination agreement(s), severance pay, etc.
• Warning, removal from the personnel file
• Employment contract(s), managing director's contract(s)
• Fixed-term employment relationship, subsequent fixed-term contract(s)
• Repayment clause in Training agreement
• Contractual penalties, non-competition clauses
• Part-time (parental part-time, care part-time, etc.)
• Pregnancy, maternity protection, employment prohibitions
• Parental leave, parental allowance etc.
• Equal treatment, claims for unequal treatment, discrimination / General Act On Equal Treatment
• Dismissal of own employment, suspension of unemployment benefit I, etc.

Works council and employer

When it comes to the legal aspects of works councils, works councillors and employers, they often face the same questions - notwithstanding, this also has distinctive perspectives.

This applies during the initial stages, e.g. in relevance to the establishment of a works council but also consisting its financing - As for the ongoing or extraordinary costs, for instance whilst a lawyer is engaged by the works council body. Likewise as it comes to terminating the employment contract of a works council member, the interests of both sides tend to clash on one and similar issue. In a nutshell, opinions often differ between the works council, its members and the employer involving rights and duties of the works council, especially pertaining co-determination rights, consultation and information rights of the works council and the works council is neglected or insists on "participation" without justification.

We are very attentive and happy to facilitate in all these cases - by means of advising, revamping and advocating, if necessary. Our clients - whether works council or employer - certainly reap the benefit from the extensive experiences we have acquired through the arguments and behavioural patterns of the "other side" in various diverse mandates. This set of skills enables us to find solutions of high calibre that are truly in line with their interests - in conflicts as well as drafting agreements to avoid conflicts.

We provide support for works council members, works council committees and employers with competent advice and representation concerning, among other things

• Foundation of works council
• General works council / Group works council
• Costs of the works council incl. costs of lawyer for works council
• Works council electoral
• Ongoing work of the works council
• Rights and duties of the works council and its members (right to information, co-determination and participation, etc.)
• Protection against dismissal works councillors
• Collective bargaining
• Reconciliation of interests
• Social plan
• Review, drafting, negotiation of company agreements
• Representation in conciliation proceedings
• Training of works councils, including on employee data protection