"We look for a personal working relationship and closeness to our clients. We are convinced that the best solutions can only be achieved by working together."
Competences Kanzlei Schiedermair
Employment

Labor Law

  • Individual and collective labor law
  • Employment law in connection with mergers & acquisitions, reorganisation and restructuring of companies
  • Cross border employment law
  • Reconcilement of interests and social plans
  • Works council constitution law
  • Corporate co-determination
  • Directors and officers, D & O liability
  • Data protection, corporate governance and compliance
  • Corporate pension plans

Individual and collective labor law

The current economical situation is a challenge for all industrial sectors and requires flexible and visionary strategies. In these times, we assist our clients across Germany as competent and creative advisors. We advise and represent national and international companies and their directors and officers in all areas of labour and employment law. We closely cooperate with our colleagues in adjacent areas such as Corporate Law, Tax Law and Competition Law. Together with our clients we develop and implement solutions for complex strategic challenges, and are available to advise our clients on their day-to-day business as well.

  • Structuring employment and service agreements
  • Advising employers and their officers before and after termination
  • Representation of employers and their officers or senior staff in protection against dismissal proceedings before all German labor courts up to the Federal Labor Court
  • Advice on and enforcement of restrictive covenants / non-compete covenants
  • Structuring of innovative remuneration schemes, representation in bonus disputes
  • Advice and representation in all aspects of co-determination, representation in conciliation committee proceedings
  • Negotiation and structuring of works agreements
  • Representation of companies in suits before labor courts, interim relief, labor court proceedings to resolve disputes between employers and works council (arbeitsgerichtliche Beschlussverfahren)
  • Negotiation of reconciliation of interests and social plans

Employment law in connection with mergers & acquisitions, reorganisation and restructuring of companies

The employment aspects of mergers & acquisitions, reorganisation and restructuring of companies and creative advice on employment law issues form an essential part of our services. This includes strategic (partial) spin-offs or hive-downs, outsourcing, lease of employees and insolvency-related employment law.

  • Employment aspects of mergers & acquisitions, transformation of companies
  • Due diligence
  • Change of operations (Betriebsänderung) and restructuring
  • Negotiation of reconciliation of interests and social plans
  • Strategic preparation of transfer of operations
  • Post-merger-integration
  • Spin-offs and partial spin-offs of operating units
  • Outsourcing, in particular solving problems related to the transfer of operations (section 613a German Civil Code)
  • Mass redundancies
  • Shut-down of operations, relocation of operations or parts thereof
  • Transfer to different collective bargaining agreements, streamlining of collective bargaining agreements (Tarifwechsel und Vereinheitlichung)
  • Employment law-related crisis management
  • Short-time work (Kurzarbeit) and cooperation with job creation companies (Beschäftigungsgesellschaften)
  • Lease of employees
  • Advising intercompany temporary employment agencies (konzerninterne Personalserviceagenturen)

Cross-border labor law

All of our advisors share a common background from former work with international law firms. We are familiar with the needs and expectations of our international clients and are competent advisors in all cross-border-related employment law issues.

  • International secondment of personnel, secondment agreements including advice on social security and tax aspects
  • Employment law-related protection of know-how and fair competition on international secondments, employment-related aspects of international projects and joint ventures

Reconciliation of interests and social plans

Restructuring as well as other operational changes often require a reconciliation of interests and a social plan. We assist our clients with the implementation and organisation of the necessary measures and negotiate reconciliation of interests and social plans.

  • Structuring and negotiation of reconciliation of interests and social plans
  • Representation at conciliation committee proceedings (Einigungsstellenverfahren)
  • Representation in interim relief proceedings

Works council constitution law

We advise companies in all areas of works council constitution law and represent companies in conciliation committee proceedings (Einigungsstellenverfahren) and in labor court proceedings to resolve disputes between the employer and the works council (arbeitsgerichtliche Beschlussverfahren).

  • Works council consultation, substitution of mandatory consent of works council to hiring, transfer and remuneration rules concerning employees
  • Negotiation of  shop agreements with works councils concerning working conditions (Betriebsvereinbarungen)
  • Support with and challenge of works council elections
  • Removal of works council members

Corporate co-determination

We advise supervisory board members and entrepreneurs in all employment-related questions of corporate co-determination in close cooperation with our corporate practice.

  • Expert opinions on all co-determination matters
  • Preparation of and advising on supervisory board elections
  • Day-to-day consulting of supervisory board members

Data protection, corporate governance und compliance

Larger companies, in particular those  doing business globally, need an elabourated compliance management which covers all relevant business processes. To ensure the trust of their clients and employees, and in order to mitigate liability risks of their directors  and officers, the design and the implementation of companywide compliance and data-managementprocesses have to be in line with cross-border legal requirements, in particular with data protection law and works council constitution law. In this area, employment law and data protection law are closely linked. In cooperation with our experts in IT and data protection law we develop bespoke systems and practicable solutions.

  • Surveillance of employees, use of Internet and email in the workplace
  • Advice on data protection in the workplace, storage and usage of personal employee data, data protection compliance
  •  Cross-border data flows
  • Corporate governance
  • Professional ethics guidelines, code of conduct
  • Drafting and negotiating  shop agreements

Corporate pension plans

The practical relevance of corporate pension plans is growing while the pertinent regulatory requirements become more and more complex. We advise on the establishment, implementation and practical handling of corporate pension plans.

  • Expert opinions and advice on risks and key benefits of corporate pension plans
  • Enforcement of individual pension entitlements

 

Directors and officers, D & O liability

We advise companies, and their officers, board members and managing directors in connection with the conclusion and termination of service contracts with simultaneous consideration of their special function as corporate executives.

  • Drafting of service contracts and of board rules of procedure
  • Appointment, removal and dismissal of board members
  • Board member remuneration
  • Profit sharing and incentive plans, bonus systems
  • Individual pension entitlements
  • Structuring and execution of post-contractual non-compete agreements
  • Defense and enforcement of D & O liability claims
  • D & O insurance

Lothar Thür

Dr. Jörg Buschbaum, LL.M.