Employment Law
SELECTED REFERENCES IN THE AREA OF EMPLOYMENT LAW
BACK TO EXPERTISE
- Advice and legal representation of companies in the aviation security industry in all questions of labour law, in particular in questions of works constitution and collective bargaining law. E.g. conducting dismissal protection proceedings, resolution proceedings in disputes with the works council, advice and representation in disputes with trade unions, court proceedings in connection with questions of interpretation of collective agreements, examination and clarification of the applicability of the respective labour and collective agreement regulations in the individual employment relationships following company mergers.
- Advice and judicial representation of companies in the event of closures of parts of companies and implementation of the necessary measures under labour law, such as dismissals, works council hearings, negotiations with the works council.
- Advice and legal representation of a Korean electronics company in the context of a restructuring and the associated staff reduction of approx. 100 employees with an existing works council.
- Advising a company on the intended acquisition of the technology division of an institution under public law which had previously run into financial difficulties. In this context, review and risk assessment of employment agreements, collective bargaining agreements, company agreements and company pension schemes.
- Advice to family businesses on the planned purchase of a further business on questions of business transfer (§ 613 a BGB), in particular auditing and advice on the transfer of employees and their rights and obligations, possible staff reductions and collective bargaining issues. Advising the client on employment law issues in connection with the takeover of branches of competitors with operating resources and employees. Conduct of labor court dismissal protection lawsuits.
- Examination as to whether the client continues to be bound by collective bargaining agreements - possibly under generally binding collective agreements - after closure of the manufacturing industry in Germany, relocation of production abroad and retention of sales in Germany.
- Advising a corporation under public law on planned restructuring of departments and local mergers on the question of whether there has been an operational change within the meaning of Hessian personnel representation law and whether and, if so, to what extent the staff council should be involved.
- Representation of a corporation under public law in labour court proceedings after adaptation/restructuring of the collective agreement provisions in the old and new federal states.
- Advising the management after the takeover of a company on the question of whether and to what extent collective bargaining can be terminated.
- Advising a company on the negotiation of company collective agreements in cooperation with the employers' association, other companies negotiating company collective agreements and trade unions.
- Advice for companies as to whether employees taken over and then transferred to a former employer in the course of a transfer of business pursuant to § 613 a BGB can be transferred back to a former employer or which ways can be found from the now unauthorised transfer of employees.
- Advising an enterprise after the German pension insurance demanded subsequent payment of social security contributions due to the invalidity of the collective agreement.
- Advising the German branch of a worldwide leading drive manufacturer before and after a merger on issues relating to the transfer of business in accordance with § 613 a BGB (German Civil Code) and on issues relating to the transfer of employee activities to other subsidiaries.
- Advising companies following the takeover on the now group-wide adaptation of data and data transmission to other European and non-European countries, adaptation of group-wide Internet/e-mail usage, company car regulations and the planned relocation of operations.
- Advising several clients on claims by the Deutsche Rentenversicherung for additional social security contributions due to alleged employment of bogus self-employed persons.
- Advising companies on issues relating to the implementation of the DS-GVO and the BDSG-neu, in particular advising an energy supplier on the implementation of the DS-GVO and the BDSG-neu through a works agreement.
- Advice for companies on how to implement a ban on the private use of e-mail and the internet in companies.
- Advising companies on regulations governing the use of company cars.
- Adaptation of employment contracts in connection with the planned hiring of software developers and the special requirements in these cases for regulations for the protection of intellectual property in favour of the employer.
- Advising companies on contracts for the financing and subsequent repayment of training costs by employees within the framework of university studies and training measures.
- Advising companies in the event of the publication of offensive, defamatory statements on the internet by employees or customers.