Labor Law

Labor law is a very dynamic area of law that can change frequently and quickly through daily jurisdiction. Therefore, we offer you reliable advice and represent you in all questions of labor law, no matter if you are an employer, employee, works council or trade union - in and out of court.

I. Individual employment law for employers and employees

With our advice, we accompany you throughout the entire relationship between employer and employee from the initiation until the end of the employment.

Job advertisements and job interviews

What is allowed in job advertisements and interviews?
Is the General Equal Treatment Act (AGG) taken into account?
Are certain groups of applicants mistakenly discriminated?

Employment contract

Do the regulations comply with applicable employment law?
Should the employment contract be temporary or permanent?
Almost weekly legal rulings by Labor Courts, State Labor Courts and in particular the Federal Labor Court make adjustments to existing employment contracts necessary.

We are pleased to check your employment contracts before and after they are concluded.

Active employment

Are the various requirements of labor law met? For example:

Voluntary benefits, bonus payments, gratifications
Parental leave, parental part-time employment, parental allowance
Minimum wage
Holiday allowance, special leave of severely disabled, holiday compensation
working time, overtime, working time account, Sunday work, holiday work, night shift, trust working hours
Pregnancy, incapacity to work, continued remuneration in case of illness
personnel leasing/ temporary work

We are pleased to advise you on the particular topics of the current employment relationship.

Termination

We support you in the preparation and in all matters relating to the termination of the employment relationship:

Is there a reason for termination?
According to the Employment Protection Act - if applicable - a distinction is made between personal, behavioral and operational termination. In case of operational redundancies the sometimes very complicated social selection has to be examined.
Which notice period applies? The contractual, the legal, or one from collective agreement?
Are there any restrictions on competition?
Is there a right to severance pay?
How is the return of work equipment regulated?
If the employee is exempt, does he have to work until the date of termination?
Are there any remaining vacation entitlements or time accounts from overtime?
How to create the certificate of employment?

Termination agreement

The termination agreement offers an alternative to termination, but has some pitfalls:

Is the cancellation agreement effective?
As an employer did you observe the duty to inform?
Have problems with the employment office been considered?
What about impending blocking periods for unemployment benefits?

Employment law for self-employed and freelancers

Labor law includes the question of whether a working relationship is in fact an employment relationship in the legal sense:

Is there a dependent activity?
Is there a risk of a fake self-employment?

We advise entrepreneurs, self-employed and freelancers

in the implementation of status determination procedures
in the legally secure clarification of the status
in solving problems with social security funds.

In addition to out-of-court advice in employment law, we represent you nationwide:

in discussions with the employer / employee
at the negotiation of termination agreements
before the labor court in the merit negotiations
at chamber meetings before the labor court.

II. Collective Labor Law for Employers, Works Councils and Trade Unions

In the area of collective employment law we accompany employers, works councils or trade unions:

in the preparation and negotiation of works agreements and social plans
In negotiations with the works council or with the employer, for example, questions on the scope and content of company agreements or to carry out works council elections

If an amicable settlement between the operating partners fails, we will assist you in the clearance procedure.

In addition, we advise you in specific works council matters such as the correct remuneration of works council members.