Services for companies
Ongoing advice to human resources and legal departments
We support your company's human resources and legal departments on all labor law issues and are a reliable contact for HR managers on both individual labor law and collective labor law issues. We attach particular importance to the overall corporate strategy. We always keep an eye on the effects of our recommendations for action in terms of personnel policy and operational aspects. Even if you need advice at short notice, we guarantee rapid and competent processing of the relevant topic. With a personal contact person who is available to you at any time and who knows the specifics of your company in a short time, we offer solutions tailored specifically to your company and not “off-the-shelf” advice.
Restructuring and staff reductions
The reduction of personnel is often an unavoidable part of a restructuring concept. We accompany you from the conception through the negotiation phase with the employee representatives to the individual legal implementation. We summarize the large number of necessary legal steps (in particular proper social selection, consultation of the works council, filing of a mass layoff notice) in advance in structured process plans and thus ensure the best possible operational planning of the reorganization measures.
Business divestitures and relocations
In addition to the purely entrepreneurial challenges, the relocation of companies or parts of companies also requires a high degree of sensitivity when it comes to personnel issues. We create and design the necessary process plans in collaboration with your company's HR managers. We negotiate reconciliations of interests and social plans, support you in preparing letters of information, informing employees about the upcoming transfer of operations and advise on restructuring that requires staff reductions due to a buyer's concept.
Balancing of interests and social plan negotiations
As part of operational changes, we support the reconciliation of interests and social plan negotiations on the employer side. We conduct negotiations with the works council committees and also represent your interests in any conciliation board proceedings.
Labor law due diligence
In corporate transactions, we assess the seller's labor law framework for prospective buyers and prepare a detailed assessment of the resulting labor law risks.
Negotiations with employee representatives
In close coordination with the responsible human resources managers, we conduct negotiations with employee representatives (works council, general works council, group works council and spokesperson committee) as well as staff councils in the public sector in all areas of company co-determination, in particular working time and remuneration models, IT projects, company regulations, pension systems and occupational health protection , social facilities, operational changes and individual personnel measures such as hiring and transfers. If amicable solutions cannot be reached initially, we will of course also represent your company in the subsequent conciliation board or labor court resolution proceedings.
Drafting of company agreements
Company agreements that affect a variety of employment relationships require legally sound wording that also takes consequential effects into account. Otherwise, in addition to legal disputes, there is a risk of financial risks of an unmanageable extent. We design legally secure company agreements on all practice-relevant topics such as flexible working hours, short-time work, variable remuneration systems, shift models, IT systems, internet and email, company rules of conduct, personnel development and selection guidelines and much more.
conciliation board procedure
We represent the employer side in conciliation committees and accompany and lead the negotiations in coordination with human resources managers and company representatives. If necessary, we will initiate the appointment of the conciliation board in a labor court decision-making process.
Collective bargaining and industrial dispute law
We advise companies on collective bargaining issues and labor disputes. We examine and evaluate the legal situation in the event of an intended collective bargaining agreement, a change in collective bargaining agreements or a withdrawal from an association. In the event of unlawful strikes, we initiate interim injunction proceedings with the aim of prohibiting or breaking up strikes.
We advise companies not only on company co-determination, but also in all areas of company co-determination (third-party participation law, co-determination law or mining co-determination law), for example in connection with supervisory board elections.
Drafting employment and termination contracts
Clumsy employment contract design can have significant negative financial consequences for companies. We avoid this in advance. When drafting employment contracts, we take into account the latest labor court case law as well as the specific requirements and special circumstances of your company. We show permissible leeway without jeopardizing the legal certainty of contract drafting.
We advise companies on all legal issues in connection with the use of external personnel, be it when using services and work or when providing employees to third parties. We have the necessary know-how to differentiate service and work contracts from (unauthorized) temporary employment. We also support companies in obtaining temporary employment permits. Of course, we also advise temporary employment agencies on all special issues relating to temporary employment law.
Working time regulations
We review existing working time regulations in the company and, in consultation with the responsible HR managers, design working time models adapted to the company's circumstances. If necessary, we negotiate these regulations with works councils and/or unions.
Labor law compliance
Hardly any other area has gained as much importance for corporate practice in recent years as the topic of compliance. We provide comprehensive advice on all compliance-related issues, for example on the implementation of compliance instruments such as whistleblower systems, accompany internal investigations under both individual and collective law and check the existing structures in the company for possible risks such as possible organizational negligence.
The creation of a discrimination-free working environment and strict compliance with the legal provisions and current case law requirements of the General Equal Treatment Act (AGG) are essential in order to prevent (possibly costly) claims for discrimination. We preventively check all personnel instruments for AGG conformity and, in the event of a discrimination lawsuit, consistently represent the company's interests in order to ward off unjustified claims for compensation.
Employee data protection
We advise companies on all issues relating to operational data protection, for example with cross-company data transfers within the group, with the creation of authorization systems or with data comparisons and evaluations to check suspicions of compliance violations.
Company pension scheme
We are your contact for all questions relating to company pension schemes, for example the interpretation of existing pension regulations on a collective, company or individual contractual legal basis and the closure or restructuring of pension schemes. We advise on all pension channels, i.e. direct insurance, pension funds, pension funds, pension commitments or (reinsured) provident funds, and both employer-financed pension commitments and deferred compensation.
Sending employees abroad raises a variety of labor and social law issues. We advise companies on concluding secondment agreements and on all questions that typically arise when the secondment ends.
Enforcement of liability claims
The causation of damage by representatives can not only entitle the company, but may also oblige it to assert the resulting claims for compensation. We first check any claims for enforceability and, if necessary, represent the company out of court and in court against the board member.
Advising supervisory boards and shareholders
Supervisory boards and shareholders represent the company vis-à-vis the management bodies when appointing and dismissing employees, concluding and terminating the employment contract and asserting liability claims. We advise supervisory boards and shareholders in carrying out these tasks and thus avoid risks for the company and the supervisory body itself. We draft the employment contracts of the managing directors and board members in the company's interests, conduct separation negotiations and assess the prospects of success of claims for damages.
Litigation in all instances
A labor court dispute often cannot be avoided. In this case, we represent your interests consistently and strategically in all labor court instances. All of the law firm's partners have extensive litigation experience, including before the Federal Labor Court.
Expert opinions on special labor law topics
We assess all types of labor law issues at a scientific level and thus provide companies with a suitable basis for decision-making, even on complex or unusual labor law issues.
Training of managers
We train company management to help managers gain basic confidence in dealing with labor law issues in everyday business. We offer both basic training and training on specific labor law issues.
WOLFF SCHULTZE KIEFERLE