Drafting employment and consulting contracts
We are at your side before the contract is concluded when it comes to negotiating the employment contract and formulating individual contractual clauses.
The case law for examining employment contracts according to the law of general terms and conditions (GTC) is constantly and rapidly changing. We know the current pitfalls and point out existing risks and opportunities for improvement - always from the specific perspective of your position as a manager. The agreements on variable remuneration components that are common here often involve conflicts that can be avoided through careful contract drafting. We will support you in ensuring that later disputes with your employer do not arise in the first place.
Of course, we are also there for you if you want to work as an external consultant and will support you in drafting and negotiating your consulting contract. We also provide important information for drafting contracts so that you are not accused of being bogusly self-employed later. We support you with in-depth specialist knowledge and always up to date with the latest case law.
Negotiating a termination agreement and severance payment
Managers in particular can unexpectedly find themselves in the situation of having to think about reorientation. Be it your own wish, a change in management or the company's shareholders, or other reasons that result in separation from your employer, we will support you in successfully ending the relationship.
We will work with you to determine the right strategy if the mutual termination of your contract is up for discussion. We will accompany you through this difficult phase and ensure that you achieve the best possible results in the negotiations, both in terms of the financial resources of the “severance package” and in securing your further professional career opportunities.
Dismissal protection procedure
We represent you in dismissal protection proceedings before all labor court instances. Our broad knowledge and experience enable us to effectively support you in achieving the best possible process result.
In dismissal protection processes for managers, one of the main questions is whether they should be classified as senior employees. This can have a significant impact on the legal assessment of the termination and thus also on the amount of severance pay. We know the arguments and pitfalls and will accompany you through the entire process as a competent partner.
Defense against claims for damages
Anyone who takes on responsibility in a leadership position always carries the risk of being held liable for undesirable results. Of course, we are at your side here too and will advise and represent you in defending against claims for damages. We also clarify the liability of any existing D&O insurance and take over the relevant processing.
Enforcement of compensation claims
We support you in enforcing all types of remuneration claims. In addition to fixed remuneration, executive contracts typically also contain agreements on further remuneration components (bonuses, stock options, carried interest, etc.). With our in-depth knowledge of the particular characteristics of these variable remuneration claims, we can provide you with competent advice and consistently represent your interests to the employer.
Company pension scheme
We advise you comprehensively with regard to your claims to company pension schemes, regardless of the type of pension provision: direct insurance as life or pension insurance, a pension fund or a pension fund as legally independent pension schemes, a pension promise from the employer or a (reinsured) provident fund.
Already during the employment relationship, but especially after its termination, questions can arise about the permissibility of competitive activity. However, post-contractual non-competition clauses in particular are subject to strict legal regulations. The legal assessment of such a regulation can result in important options and necessities for action for you as a manager, which we discuss with you in order to find tailor-made solutions and - if necessary - implement them in court.
Managers are often sent abroad to work for their employer or another group company. Such a posting harbors considerable potential for conflict in terms of labor law, which typically and regularly only becomes apparent when the posting ends. We will advise you proactively in this situation and ensure that you do not experience any unpleasant surprises when you return. If your employer refuses to provide you with adequate continued employment after the assignment has ended, we will enforce this or push for other satisfactory solutions.
Advice on individual employment law issues (transfer, fixed-term employment, parental leave, leave of absence, discrimination, etc.)
Of course, we will advise you on all detailed labor law issues that arise in the context of your employment relationship. Many things can be settled amicably before concrete disagreements arise. In the event of a conflict, for example if the employer does not guarantee employment in accordance with the contract or you are released from work against your will, we are at your side to steer the situation in your favor as early as possible. We will work with you to make a precise assessment of the situation and then provide clear recommendations for action. If necessary, we consistently enforce your interests against your employer, be it as an advisor in the background, out of court or as part of a lawsuit.
Coaching in conflict situations
In acute conflict situations, we are at your side as a coach and sparring partner. Together with you, we analyze your interests from all perspectives, then coordinate the necessary action steps and give you clear recommendations in every situation. You decide whether we remain in the background as consultants or openly represent your interests to the company as a lawyer.
Litigation in all instances
We are of course also at your disposal to conduct proceedings in all labor court instances. We enforce your claims competently and consistently or defend claims asserted by the employer. Our extensive procedural experience ensures your best possible representation, even if the proceedings are factually and/or legally more complex. You benefit from our knowledge of the special features of labor courts, especially Munich labor courts, knowledge that we effectively incorporate into our litigation strategy.
WOLFF SCHULTZE KIEFERLE