As the owner or operator of an enterprise, you have specific responsibilities. Not just for the business and its success, but also towards your employees. No matter how many employees you have, and whether you are a start-up, SME or corporate group, all employers have to deal with employment law issues. In those situations, it is good to have the support of an advisor who is able to explain and apply both individual and collective employment law for employers.
Individual and collective
In individual employment law – i.e. the law concerning the relationship between individual employees and their employer – the employer’s responsibilities start before an employee is even hired: they begin during the application process, which must be correctly structured so that it filters for suitable applicants while not disadvantaging others. When you have found the right candidate and they have accepted your job offer, you need a legally watertight individual employment contract that is adjusted over the years to reflect changing circumstances. Detailed support from experienced certified lawyers specialised in employment law during this phase helps you avoid errors that might result in costly, time-consuming disputes down the line.
Further questions and requirements may arise later on in the employment relationship. Typical issues include special rights such as maternity protections and parental leave, disability and incapacity for work. Subjects such as disciplinary measures, proper arrangements for terminating employment and responding to unfair dismissal actions before the labour courts are also sometimes unavoidable. Treating employees fairly – including during disputes – is vital for your employer brand and reputation as a good employer.
Questions about the rights and obligations of employers and employees are also frequent in the area of collective employment law, which deals with the relationship between employers and their employees collectively. Most such questions relate to the Works Constitution Act (Betriebsverfassungsgesetz, BetrVG), collective wage agreements or works agreements. Here as well you should seek solid advice from experienced certified lawyers with a focus on employment law. They are able to help you interact and negotiate with your works council and avoid disputes with employee representation bodies. They establish a basis of trust for discussions to help you resolve even difficult situations together. As a result you avoid costly conciliation committee proceedings. And if disputes do arise, our experienced lawyers represent you before the labour courts. Your advisors are also important sources of guidance in issues of works constitution law, from works council elections to bonus arrangements. They help with questions around collective agreements, especially the development of custom collective agreements, and provide vital support around due diligence and contract drafting. If you work internationally, they provide indispensable advice on the legal implications of posting workers abroad.
Expertise
At Schultze & Braun, we represent you as an employer in all areas of individual employment law, including hiring of new employees and drafting of contracts, through to the end of training, employment and service contracts of all kinds. We provide guidance on matters ranging from disciplinary warnings to target setting, advise you on all aspects of termination, both in advance of planned personnel reductions and in any subsequent unfair dismissal actions. We also answer all your questions around occupational pension schemes. We also help with your collective employment law needs, in areas such as drafting of works agreements or company wage agreements or negotiations and arrangements with your works council. And of course, our certified specialist employment lawyers represent you, including before the labour courts, in any disputes that may arise. In M&A situations, we carry out thorough checks on target companies from an employment law perspective. We look at every aspect of a company’s HR practice as regards individual and collective terms of employment. We pay particular attention to any legacy liabilities from company pension schemes. A practical approach and a clear focus are our top priority, and we always keep a close eye on the latest legislation and court rulings.
What questions can we answer for you?
Contact
Joachim Zobel
Rechtsanwalt (Attorney at Law), Fachanwalt für Arbeitsrecht (Certified Specialist in Labour Law)
