Labor and Employment Law

Our labor and employment attorneys advise German and non-German entities, as well as executives, on complex labor and employment matters. We also represent our clients during tough negotiations and regularly litigate before German labor courts.

Labor and employment law issues often play a central role for corporations. Our labor and employment attorneys advise on all aspects of labor and employment law, including drafting compliant job advertisements, preparing employment agreements (German employees often have individual written employment agreements), negotiating with works councils, terminating employees (there is no such thing as employment at will in Germany), and on complex restructurings.

On a day-to-day basis, employers are required to comply with any number of German labor and employment provisions, whether in the form of statutes, administrative regulations, or contracts. Because German labor and employment law is vastly different than in many other countries (e.g., the relatively generous rights granted to employees, works councils, and one tier management for most GmbH’s), German employers, as well as employers outside of Germany, often find that they quickly reach their limit unless they get good professional advice.

Our labor and employment attorneys advise and represent companies, management boards, supervisory boards, and managing directors in all types of labor and employment law matters. This includes, in particular, restructurings, preparing and negotiating reconciliation of interests agreements and social plans in connection with mass layoffs, and negotiating any aspect of Germany’s Labor-Management Relations Act (this typically means negotiating with a works council).

As for individual employment matters, we draft and negotiate employment agreements (with employees) and service agreements (with managing directors). A particular focus of our work is to advise employers before, during, and after the termination of employees (both individual dismissals and mass layoffs). We also litigate before all German labor courts wrongful dismissal claims that employees often file after having been terminated (which, of late, are more prone to include also a claim of discrimination). Our labor and employment attorneys also routinely advise on issues concerning temporary employment, international transfers, and company pension plans.

Our clients benefit from the many years of experience of our highly-qualified attorneys who provide individually-tailored solutions.

Overview

Draft and negotiate employment agreements and service agreements as well as compensation plans and employee participation plans
Advise and prepare documents to terminate employees (individually or as part of a mass layoff) and managing directors, including drafting and negotiating severance agreements
Represent employers and executives before German labor courts
Draft and negotiate works agreements with works councils
Advise on information rights, consultation rights and co-determination rights of works councils
Draft and negotiate reconciliation of interests agreements and social plans with works councils
Advise on operational changes, as well as on restructurings and corporate transactional matters
Advise on the “leasing” of employees and employee secondments
Advise on employment pension plans and early retirement alternatives
Advise on compliance matters as they relate to labor and employment law

Representative Matters

Regularly advise German and non-German companies on drafting and negotiating individual employment agreements or service agreements with employees, managing directors, and board members
Represent German and non-German companies with respect to terminating employees and mass layoffs, including any related negotiations with the works council
Represent executives and companies with respect to terminating employment agreements and related severance packages
Negotiate collective bargaining agreements with unions
Advise on cross-border M&A transactions and post-merger integrations
Comprehensive advice to an American fashion company on its entry into the German market
Conduct investigations for clients on possible compliance breaches that are subject to potential damages or fines