Employment

Labour law is as diverse as everyday business life in your company. The labour law team of  Schindhelm provides you with comprehensive advice in the field of individual and collective labour law and supports you in all areas of HR management and HR development. The range of consulting services extends from complex employment contracts and termination agreements to company agreements and other industrial relations law to issues of personnel leasing and data protection in the employment relationship. In cases of dispute, we represent your interests in all instances before the national labour courts. We represent you before authorities or in negotiations with the union or works council.

In addition to the statutory provisions, labour law is heavily affected by labour court case law. Our team is always up to date and monitors current developments for you, whether it be in legal initiatives or fundamental decisions by judges. We thus know which focus areas need to be set in future and can advise you with foresight.

In addition to strategically foresighted personnel decisions, it is the contractual bases that set the course. Our team knows the pitfalls of formulating employment and service contracts from many years of experience and develops tailor-made, legally sound and future-proof contracts. Irrespective of whether it is salaried employment contracts, managing director and Board contracts, delegation and consultant agreements or freelance employment and service contracts. And thus makes a fundamental contribution to your company's successful risk management. But we are also your competent partner in and out of court for your questions during the existing contractual relationship or in connection with termination by lay-offs or severance agreements.

Another focus is the advising of national and international clients on restructuring measures, operational restrictions, company changes and company closures, frequently also across national borders. We accompany your projects right from the outset, support you from the first idea to the strategic planning, show you scope for manoeuvre, and stay with you in the implementation phase too. Sometimes, a company transfer which has already been viewed as inevitable, can be avoided in this way. If this is not the case, liability risks can be substantially reduced during the formulation of the contracts.

With transactions, our labour law experts accompany you in the labour law due diligence and support you in the subsequent post-merger arrangements.

The focus areas of our range of consulting services are:

  • Creation and checking of work contracts and managing director employment contracts
  • Creation and checking of severance agreements of work contracts and managing director employment contracts
  • Due diligence pursuant to labour law
  • Consulting and accompaniment in the case of restructuring measures and mass lay-offs
  • Consulting and accompaniment in the case of interest settlement and redundancy programme negotiations
  • Representation in arbitration committee proceedings
  • Consulting and accompaniment in changes in corporate legal structures and company acquisitions and disposals
  • Checking and development of avoidance strategies with regard to company transfers pursuant to Section 613 a BGB (German Civil Code)
  • Consulting and implementation of status assessment proceedings with regard to the assessment of exemption from social security insurance of freelance employees, consultants and managing director employment contracts
  • Representation in protection against dismissal proceedings and other labour law petition proceedings on the employer's side
  • Representation in labour law decision proceedings, among others towards works councils