Our other field of expertise is the labour law, meaning the entity of regulations regarding the relations between employer and employees. The most common legal differences refer to
(international) posting of workers
contracts of employments
industrial accident / industrial safety
pension plan / retirement agreements
transfer of undertakings / redevelopment / outsourcing
works constitution / works committee
managers / executives
social plan / reconciliation of interests
short-time work / bancruptcy benefits
notice of termination / employment protection
collective labour agreement
restrain of competition / alienation
Individual labour law consist of those regulations regarding the employment contract between the employer and a single employee. Especially concerning the settlement, the content, nuisances, transfer of undertakings and the termination of the employment contract. Important codices are:
Arbeitszeitgesetz (ArbZG) und Altersteilzeitgesetz
Gesetz über Teilzeit und Befristung (TzBfG)
Gesetz zum Schutz der Beschäftigten vor sexueller Belästigung am Arbeitsplatz (BeschäftigtenSchG)
Sozialgesetzbuch IX (Schwerbehindertenrecht)
Gesetz zur Verbesserung der betrieblichen Altersversorgung (BetrAVG)
For employees, disputes in the context of warnings and dismissals are of paramount importance, because the loss of a job often involves endangering one’s own economic existence. In the case of dismissals, the timely appointment of a lawyer is particularly important, since short-term deadlines must be observed for the assertion of claims and the collection of unfair dismissal claims. Only then can the maintenance of the job or at least a reasonable compensation be achieved.
There is also often a need for advice from employees with regard to the standard wage, permissible working hours, part-time and fixed-term contracts, temporary work, parental leave, maternity and recreational leave, partial retirement, employee inventions, continuing vocational training and, more generally, occupational accidents and occupational safety. Occasionally, aspects of anti-discrimination may also be considered before starting a job. Finally, a disease and related claims for payment continued claims may be the reason of our lawyer commission.
On the employers’ side, good and preventative legal advice quickly pays off by preventing costly and time-consuming litigation and disputes. The primary focus here is on the legally compliant organization of employment contracts. In particular, non-competition clauses, post-contractual confidentiality obligations, contract periods and non-entry clauses are to be particularly observed. The effectiveness of intended dismissals or change notifications should also be clarified better in advance in order to be able to create any existing conditions.
The legal classification of freelancers (delimitation of service and work contracts / status determination) should also be clarified in advance of taking up a job in order to avoid problems with social insurance and the additional demand for non-wage labor costs. There is also a need for employers to provide advice on employee assignments, temporary staffing, voluntary benefits (such as holiday or Christmas bonuses), social plans, short-time working and disability integration. Comprehensive labor law problems eventually arise in the areas of business transfer, restructuring, outsourcing and changes in business.
The areas of occupational pensions and pension insurance funds can only be sensibly tackled in interdisciplinary cooperation, which is why we address these issues in trusting cooperation with consultants from other disciplines.
The collective labour law consists of those regulations regarding the relationship between coalitions of employers and employees (unions, works committee) or their respective members. Important codices are:
Art. 9 Absatz 3 GG
Personalvertretungsgesetz des Bundes und der Länder (BPersVG, LPersVG)
Another part of labour law regulates the work constiution, including the rights and obligations of the work committee, who is a mediator between the employer and his employees.
The committee considers, validates and represents the interests of all employees against the employer in a mediative way and by that ensures a peaceful collaboration.