Drafting of employment and consultancy contracts
Our advice already starts before signing a contract, i.e. during the negotiations regarding conditions and wording of the single clauses of your employment or consultancy contract.
The adjudication on employment contracts regarding the legal interpretation of general terms and conditions is under a continuous and swift change. We are familiar with the current sophistry and snares and are therefore able to point out possible risks, to avoid such risks and to present improvement opportunities always keeping in mind your individual managing situation. In particular, common understandings on variable payment components often bear conflicts which can be avoided by a careful and thoroughly drafted contract. Our legal support helps to avoid such possible arguments with your employer right from the beginning.
Of course you can also count on us when you are planning to start as an external consultant. By supporting you in drawing and negotiating your consultancy contract, we point out important aspects to avoid for you a possible accusation of a pseudo legal entity in future times. Our legal advice is based on a substantiated know-how and always up-to-date regarding the current legal situation.
Termination and indemnity
In managing positions, a reorientation can be needed out of a sudden. This could be for personal reasons as well as due to a change within the management board respectively the shareholder of the company or for other reasons which result in a separation of the current employer. Our legal advice helps to quit those employment relationships successfully.
Together with you, we define the most suitable strategy for you if a mutual consent on your termination agreement is imminent. Our legal advice guides you throughout this difficult personal stage making sure that you will achieve the best possible conditions in the negotiations – with regards to the financial aspects of your „indemnity package“ as well as with respect to your future occupational career moves.
Dismissal protection proceedings
We act on your behalf in dismissal protection proceedings before all employment law instances. Our diversified knowledge and experiences enable us to support you effectively and to achieve the utmost and best possible lawsuit results. Dismissal protection proceedings of executives very often focus on the question whether managers are assigned as executive employees or not. This might have substantial consequences on the legal appraisal of the dismissal and accordingly on the amount of the indemnity payment. Since we are familiar with possible snares and arguments we are well prepared to accompany you throughout the whole court proceedings.
Defense of damage claims
Executive positions do often bear the risk of possible unsolicited damage claims. Of course you can count on us in such matter as well. We will source out the obligation to meet claims and, if need be, an existing D&O insurance and its respective handling.
Enforcement of compensation claims
Our job is to support you with the enforcement of all kinds of compensation claims. In addition to a fixed compensation, management contracts usually contain also agreements on further reimbursement components such as bonus payments, stock options, carried interests etc. Our profound and detailed knowledge of such variable compensation claims allows us to provide you with qualified and professional advice. We consequently represent your interests towards your employer.
Company pension scheme
We offer a comprehensive advice regarding company pension schemes, irrespective of the nature of the retirement arrangements: a direct insurance as life insurance or pension scheme, a pension pool or a pension fund or a a kind of regulatory independent insurance institution, pension promises of your employer or a reimbursed relief fund.
Restraint of competition
Already during an ongoing employment but especially after having terminated an employment, questions regarding permissibility of competition practice will arise. Non-competition clauses are, however, liable to strict regulatory formalities. For you, as a manager in an executive position, the legal evaluation of such regulatory formalities provides you with information regarding options to act or requirements to fulfill. Together with you we discuss such options or requirements and implement your personal tailor-made solutions – if need be also in court.
Working abroad for an affiliated group or employer is common practice in managing or executive positions. Such a foreign assignment holds a considerable potential for employment law related conflicts which, usually, arise after having returned. Our anticipatory advice prevents you from unpleasant surprises after your return. For example, if your employer refuses to offer an adequate employment at the end of your foreign assignment, we will enforce such employment or will urge your employer to offer other adequate solutions.
Sub practices of employment law such as relocation, time limits, release, etc.
Of course our advice extends also to various other kinds of employment law which might come up in connection with your terms of employment. Many questions and arguments can already be solved mutually before precise disputes will arise. For example, if the employer does not provide for an employment as agreed upon, or you have been released involuntarily from your job, we will guide you to through this situation to safeguard your interests. Together with you we evaluate the situation and provide you with precise instructions for further action. If necessary, we will carry out your interests consequently towards your employer; either as your consultant from a background position outside court, or as your lawyer in a court case.
Conflict situations – coaching
We assist you in urgent conflict situations as coach and sparring partner. Jointly, we will source out your interests from all kind of different perspectives and will then point out clearly the necessary steps for further action. You can decide whether you want us to act as background consultant or as legal representative to prevail your interests towards your company.
Conduct a case through all instances
Of course our advice extends also to all instances concerning employment law. In a competent and straightforward manner we prevail or fend off claims. Even if the trial proves to be difficult and complex either from an actual or legal point of view, our substantial experience grants a legal representation at its best. You will benefit from our broad know-how of employment law characteristics. A knowledge, particularly applying for the jurisdiction in Munich, which we know to implement constructively in our procedural strategy.
WOLFF SCHULTZE KIEFERLE
Fachanwälte für Arbeitsrecht