»Establishment, implementation and termination of service and working relationships
We advise companies, managers and employees on all issues relating to employment law, from the beginning of the recruitment process to the termination of working and service relationships. Besides the contractual creation and amendment of the terms and conditions of employment contracts, termination agreements and legal termination issues, the focus here is also on the proper involvement of the works council. In this area, we have primarily acted for national and international companies but also for managers, both in and out of court.
Thanks to close links between our fields of activity in employment and company law, we can provide optimum advice to companies, managing directors and executive boards on all issues that relate to the service agreement on the one hand but also to the appointment of business leaders on the other hand. Our clients thus profit from our expertise in employment law when concluding, amending or revoking employment contracts. We are also by our clients' side during the appointment and also the dismissal (which is more commonly disputed) of managing directors at shareholders' general meetings.
»Employment law for company transactions (M&A)
Our solicitors have many years of valuable practical experience of employment law in relation to national and international company purchases and sales and intra-Group reorganisation and restructuring. We can offer a tailored consultancy service to clients of all sizes: from the typical issues that must be addressed during a transfer of undertakings (e.g. Section 613a of the German Civil Code (BGB, Bürgerliches Gesetzbuch)) and the legal and communicative involvement of employee representatives (works council) to negotiations on a balance of interests and redundancy programme, we provide clients with extremely valuable personal advice and support compared with traditional large law firms.
»Employee and manager participation schemes
In recent years, we have successfully supported numerous companies in creating and implementing so-called employee and manager participation schemes. In our experience, when planning employee and manager participation it is important to consult qualified advisers in good time, particularly before informing employees. In this area, there are numerous intertwined issues relating to employment and commercial law. Our expertise in these areas means that we are able to offer valuable benefits to those involved, for example when dealing with the issue of how the employee to shareholder process should be designed, but also how possible risks in the separation of managers or employees can be remedied and, in particular, how shareholdings can be reclaimed.
We also present companies with attractive alternatives to the traditional employee and manager participation schemes (e.g. so-called virtual phantom or tracking stocks).
»Compliance and employment law
With a compliance programme, companies want to ensure the organisation of the company remains in compliance with the law. Therefore, every effective compliance system must initially be applied by the employees. In practice, this is done by reviewing processes, defining responsibilities and organising methods of practice. As a rule, this also includes regulating duties of conduct for employees in a code of conduct (code of ethics). In this area, we regularly advise companies – particularly companies in the public sector – on the legally compliant creation and introduction of codes of conduct.
But it is not just for the purpose of prevention that employment law plays an important role. When clarifying breaches of duties, particularly during internal investigations, and the appropriate sanctions for offences by employees, it is of existential importance for a company to know its own rights but also the boundaries of permitted responses and sanctions. In this area, we draw on our wealth of practical experience to be a competent partner for our clients.