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Employment law

Our services:
  • Drafting and reviewing of employment contracts, in particular in consideration of the German law on general terms and conditions of business (AGB)
  • Advice in the case of mass redundancies, in particular concerning negotiations for a coordination of interests and redundancy scheme
  • Advice on company changes, in particular the downsizing or closure of the entire business or parts of the business, mergers with other businesses or demergers
  • Advice prior to and representation during the termination of employment relationships
  • Advice and representation concerning contracts for management and directors
At the heart of employment law is the contract of employment with which the employment relationship comes into existence in the first place. The employment contract is part of a complex system of employment law regulations, for example company agreements, collective labour agreements, national laws and regulations, as well as European directives and regulations. Also the decisions of national courts, especially the federal employment tribunal, and the European Court of Justice create legal rules to a certain extent.

From the concluding of the employment contract through daily work right up to a possible termination of the employment relationship, in everyday business activities many regulations have to be observed, like for example the equality law, a European initiative. Formulations in employment contracts which mean that an employee will be forced to retire once he or she reaches their 65th birthday are likely to be deemed ineffective by the courts in future.

The overregulation of employment law and an excessive protection of certain employees, as well as too high non-wage labour costs are commonly seen the reason for the current mass unemployment. Countermeasures could include a liberalisation and flexibilisation of employment law (which would result in a strengthening of the position of the employer) as well as a reduction in non-wage labour costs. For this reason those instigating the reforms particularly want see the opening-up and flexibilisation of collective agreements, something the trade unions reject in part.

Already considering just these facts it becomes apparent that well-founded legal advice is essential when protecting your own interests, either as an employee or an employer.

Contact:   Dr. Ali Yarayan   Markus Czech