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Certified Specialist Employment Lawyers

At Schlun & Elseven Attorneys we have the opportunity to provide our clients with support from two certified employment law specialists in the form of Dr. Thomas Bichat and Jens Schmidt. In order to become a certified specialist in employment law, the lawyer in question not only has to complete the training and studies involved in becoming a qualified attorney but also additional requirements in their field of expertise. In this case: employment law.

The additional requirements for a certified employment specialist involve demonstrating to the Bar association that they have obtaining specialist practical experience as well as specialist theoretical knowledge. Once this has been accomplished it will be the decision of the Bar association to award the title of certified employment law specialist. Obtaining the required level of expertise is an arduous process and not many lawyers obtain this standard in the field of employment law. Therefore, it is easy to see why our employment law services are much sought-after by clients.

Advising Managing Directors, Employers and Managers

Managing directors and employers must consider many impoortant legal factors in the course of their work. Although there are great benefits in taking the role of a managing director, there are also huge responsibilities and risks involved. If you have recently become a managing director or are currently considering taking on such a role, it is advisable to read our article on the risks and opportunities involved in such a role. Our employment lawyers can advise you further on your legal responsibilities. Working closely with a qualified and experienced legal professional is a huge asset to managing directors.

As an employer you have legal responsibilities when it comes to communicating with your employees. Find out the legal requirements regarding the issuing of instructions as well as in writing warning letters. Not overstepping your legal responsibilities is the best way of preventing legal disputes arising. Our lawyers also advise managing directors and other managers on the design of policies and procedures in the workplace. We will ensure that your business is compliant with anti-discrimination requirements and seek to ensure there are steps in place to prevent claims of harassment or bullying from arising.

Termination of Employment and Severance Packages

Terminating employment carries certain risks. It is within the right of the employer to terminate an employee’s employment contract with the company, but there are many legal aspects which need to be considered. Firstly, the dismissal must be fair. Fairness refers to the reason for dismissal and how the dismissal is carried out. Fairness involves ensuring that discrimination did not play a role in the matter. If you believe your dismissal was of an unfair nature and are unsure of how to proceed, please read our pages on the issue of termination and unfair dismissal in advance to find out whether you may have a case. Should you then seek legal advice, please contact our employment law specialists directly.

Terminations can also be arranged by contract, through employment termination agreements. In some cases these agreements can suit both parties and be advantageous to sign. However, you should not sign one until you have allowed our legal experts analyse the document. Such contracts can involve clauses which may put you in a difficult situation afterwards. Employment termination agreements require careful legal assessment.

Such careful legal analysis should also be employed in determining whether severance pay applies in the case of the termination proceedings you are involved in. This applies equally to the employee and the employer. Find out about severance pay in Germany by reading our article on the matter.

Employee Rights in the Workplace

Under German employment and labour law there are strong protections in place for employees. These strong protections ensure that employees cannot be taken advantage of by their employers. The first place to start with employment is the employment contract. This contract determines the legal responsibilities and rights of the employee. However, there are certain statutory requirements in place which such contracts have to account for. Rights concerning notice periods, parental leave, annual leave and renumeration must be considered and respected.

Employees should also feel safe and respected in the workplace. Sexual harassment, bullying and discrimination are just some of the ways by which employees can feel unsafe. Should you face these issues at your workplace from fellow employees or management it is advisable to read about your legal rights and entitlements. Should the matter be of concern, then it is in your interests to contact an experienced legal professional, particularly if you seek to bring a case against your employer. Employers should be proactive in creating an atmosphere of tolerance and respect. This can be achieved by having the right policies and procedures in place.

Organisational Concerns for Companies

Companies in Germany also must be aware of their employment law responsibilities. Decisions made by the business can infringe on employment law rights and therefore proceeding carefully in such matters is strongly advised. The processing of employee data is one such example. The processing of private data must be completed in accordance with German and European data protection laws. Knowing the purpose for which such personal data can be stored and used and how it must be processed is crucial in avoiding costly and time-consuming legal disputes. Our lawyers advise on employee data protection law and will ensure that your company is compliant with its legal responsibilities.

Other legal responsibilities arise when determining which employee can be posted abroad. Concerns arise regarding the duration of the posting, the matter of remuneration and the conditions for returning. For employees abroad it is important to be aware of your taxation situation. In Germany, the tax law principles of residence and world income apply (§ 1 para. 1 EStG). There are also pension requirements and insurance matters which need to be dealt with appropriately. 

Even in the case of the transfer of business ownership employment law plays a major role. When purchasing a company matters such as previous collective agreements, the ability to dismiss previous employees and objections raised by employees of the purchased company have to be dealt with it the correct legal manner. Similarly, companies which have employee participation schemes, work councilsand staff councils must also operate knowing that there are important regulations in place for such bodies. Our certified employment law specialists provide the excellent guidance required.

Temping Agencies and Temporary Agency Workers

The hiring of temporary agency workers has proven to be popular in Germany in the last number of years. Employing temporary workers allows companies to benefit by having the right number of staff in office depending on the economic activity of the business. Certain industries benefit enormously from the flexibility entailed in the hiring of temporary workers. However, there are times when legal conflicts may arise between the agency worker, the agency and the company hiring the worker. The relationship between the three parties can be blurred at times. There are also legal protections in place for agency workers to ensure that they are not exploited by either the agency or the hiring company. Our legal professionals advise companies, agencies and temporary workers on their rights in all legal matters.

We also provide expert assistance to those looking to set up temping agencies in Germany.

Locations & Contact

Office Hours

Mon. – Fr:
09:00 – 19:00 o’clock
24h Contact:
+49 211 882 84196
E-Mail: info@se-legal.de

Appointments only after
telephone arrangement.

Aachen

Schlun & Elseven Rechtsanwälte PartG
Von-Coels-Straße 214
52080 Aachen (Eilendorf)
Tel: +49 241 4757140
Fax: 0241 47571469

Cologne

Schlun & Elseven Rechtsanwälte PartG
Kyffhäuserstr. 45
50674 Köln
Tel: +49 221 93295960
Fax: 0221 932959669

Düsseldorf

Schlun & Elseven Rechtsanwälte PartG
Königsallee 60F
40212 Düsseldorf
Tel: +49 211 882 84196
Fax: 0221 932959669