Employment Law, Lawyer Stuttgart

Employment Law

We advise employers, employees and executives in all areas of individual and collective employment law. We represent our clients in out-of-court negotiations as well as all court procedures before employment courts, employment appeal courts and the Federal Employment Court.

Few areas are subject to greater change than employment law. European law in particular, which is often impenetrable to the non-expert, is an increasingly important influence. Failure to stay abreast of developments here can result in unnecessary costs for employers. Expensive mistakes can often be avoided or at least mitigated by seeking advice in advance. Advice and representation by highly specialised lawyers with relevant practical experience is therefore essential.

We provide support across all individual and collective law matters, including:

  • Drafting and implementing employment and service contracts plus all supplementary agreements (company car, commission, emoluments, holiday pay and Christmas bonuses, prohibitions on competition, repayment of training costs, etc.)
  • Avslutande av arbets- och tjänsteförhållanden (uppsägning, avtal om upphörande, likvidationsavtal, implementering av officiella förfaranden för medarbetare med skydd mot oskälig uppsägning, utveckling av process- och förfarandestrategier, skadeståndsförhandlingar)
  • All other individual employment law matters, e.g.:
    • Transfers
    • Warnings
    • Part-time and limitation regulations
    • Right to continued wage/salary payments
    • Holiday entitlement
    • Design of remuneration models (variable remuneration)
    • Drafting of target agreements
    • Structuring of working hours models
  • All collective employment law issues, e.g.:
    • Business changes (planning business changes, negotiations on a reconciliation of interests and social compensation plans)
    • Drafting of works agreements
    • Representation in proceedings before boards of conciliation
    • Representation in decision procedures
    • Right of co-determination of the works council, particularly in social, personnel and commercial matters (sections 87 ff., 99 ff., 111 ff. of the Works Constitution Act)
    • Consultation of the works council prior to dismissal

Law of Service Agreements, Freelancer Law

Upon legal scrutiny by the German Federal Pension Fund, many “freelancers” turn out to be employees, with very expensive consequences for the employer in terms of social insurance legislation. Appropriate contract drafting and correct practical implementation are essential in order to avoid financial disadvantages.

In particular, we assist with:

  • Drafting of contracts for freelancers and executives
  • Termination agreements with such individuals
  • Bonus payments, gratuities and performance bonuses
  • Problems during tax inspections (disguised employment, risks associated with employees working limited hours, etc.)
  • Procedures for the clarification of status with the German Federal Pension Fund, including associated court proceedings

Social Welfare Law

Employment law and social welfare law are closely intertwined, especially when it comes to termination of employment. In particular, knowledge of the SGB III code (employment promotion legislation) and SGB VI code (pension legislation) are essential in order to achieve legally valid termination of employment contracts for employers and employees and/or to avoid problems with accessing unemployment benefits or pensions. Employers are exposed to many often unrecognised liability risks in the context of disability law (SGB IX) (workplace adjustments, wording of job adverts, etc.). Similarly, many employers are unaware of government grants relating to the employment of disabled people.

We assist with:

  • Out-of-court and in-court representation in disputes relating to access to unemployment benefits in connection with termination of employment
  • Support in pension matters
  • Disability law (SGB IX)
  • Obtaining government grants for disabled individuals