Employment Law

The world of labour faces great challenges; global competition, demographic shifts, and structural change are driving the current labour market. With the right decisions in designing employment contracts, compliance, and operational structuring, companies can set the stage for competitive and sustainable success in the future. This requires a strong partner in law, no matter whether there is need during periods of growth or economically challenging times.

The GEMS SCHINDHELM team will advise you on the national and international level of individual and collective employment law. We support you in your day-to-day HR work as well as in extensive and long-term projects. We always keep your business goals in mind.

Our Expertise in Employment Law

A strategic approach to employment law is a key competency for the success of a company in the modern economy. In-depth advice on employment law ensures that your HR policy is not only legally compliant but also designed to be forward-looking and efficient.

But legal advice in employment law not only minimises labour-law risks, it also builds a trusting relationship with your employees. This is achieved through the legally certain design of employment contracts, the correct handling of terminations, termination agreements, as well as compliance with workplace regulations and data protection provisions.

Legal advice in employment law is significant in the following areas:

• The creation, amendment, and review of employment contracts to ensure compliance with legal requirements and to protect your company’s interests.
• Consultation for international activities, inbound and outbound (secondments, transfers), on compliance with wage regulations, as well as reporting and record-keeping obligations
• Employment of foreign nationals and work permit procedures to avoid administrative fines and deportation risks arising from employment without a work permit
• Compliance with health and safety policies to avoid liability risks and to promote a safe work environment.
• Assisting with changes under corporate law such as mergers and acquisitions as well as other forms of business transfer in order to identify and come to terms with employment law challenges at an early stage.
• Guaranteeing privacy and compliance standards to meet regulatory requirements and strengthen employee trust.
• Consultation in international employment law to guarantee compliance with country-specific employment law requirements.
• Consultation on new work models such as telecommuting, workation, etc.

Consultancy Needs in Employment Law

Establishment, Design, and Termination of Employment Relationships

Legal advice is useful in all phases from the initiation of an employment relationship to its legal termination. Contracts must contain clear provisions on working conditions, salary, working hours, vacation entitlements, notice periods, as well as special clauses on competition and confidentiality obligations.

We help companies make contracts legally compliant and protect the employer’s interests. In addition to that, challenges that involve ending employment (such as by termination, termination agreement, or other measures) can be circumvented. This includes reinstatement actions based on invalid termination, bad-faith termination compensation claims and discrimination claims. Exact compliance with all legal requirements protects the company from unjustified demands. GEMS SCHINDHELM can help you with:

• Formulation of employment contracts, managing director contracts, management contracts, and consultancy contracts
• Development of statements and contracts
• Employee participation, bonus systems
• Employee protection, working hours law
• Short-time work and unpaid leave arrangements
• Termination of employment contracts, right of termination, and termination agreements
• Post-contractual processing of contractual relationships
• Legal enforcement of contractual claims or termination measures
• Telecommuting regulations and workation

Collective Bargaining Agreements

Collective bargaining agreements are a key legal instrument for regulating working conditions, rights, and obligations between employers and employees. They not only promote workplace harmony but also support the sustainability of the business and employee satisfaction. However, the negotiation and implementation of collective bargaining agreements involve complex legal details, and errors can lead to significant legal and financial consequences.

For this reason, expert legal advice is crucial in collective bargaining processes. GEMS SCHINDHELM provides comprehensive support to employers, minimizing legal risks and facilitating balanced agreements between parties. Our experienced team offers professional services in the following areas:

• Strategic legal advice during collective bargaining negotiations.
• Drafting contract proposals and legal analysis of existing agreements.
• Due diligence in labour law and risk assessment related to collective bargaining agreements.
• Support in dispute resolution, official mediation proceedings and strike and lockout phases.
• Guidance on the implementation and compliance of collective bargaining agreements post-agreement.

Corporate Acquisitions, Restructuring, and Operational Changes

Sales of a business or transfers of a business raise questions about how existing employment contracts and the rights and obligations arising from them pass to the acquiring employer. A high level of sensitivity applies here.

Companies should seek legal advice here because missteps can have serious implications, such as long-lasting litigation, financial settlements, and even disruptions to operations. GEMS SCHINDHELM provides support particularly in:

• Consultation on transfers of a business such as merger, demerger, and company purchases or sales
• Due diligence under employment law
• Advice on disposals of a business, restrictions of a business, closures of a business, and restructuring, including those of an international nature
• Strategic consulting for business transfers
• Consultation on subsequent post-merger design

Social Security Law

Social security law regulates provisions on social security, including general health insurance, the long-term insurance branches (invalidity, old-age and survivors' insurance), unemployment insurance as well as occupational accident and occupational disease insurance. It determines employers’ obligations to pay contributions for employees and to report employment relationships. It is important for companies properly to design freelancer contracts and consultant contracts in order to determine the right social-security status and to ensure legal certainty.

For international activities in the form of a transfer or secondment to or from abroad, questions about the applicability of the right social-security law must be clarified.

An incorrect determination of insured status can result in substantial retroactive contribution claims and administrative fines. GEMS SCHINDHELM provides legal support in the following areas:

• Consultation in the determination of the status of freelancers under social-security law or of consultant contracts
• Consultation on issues of applicable social-security law for international assignments or transfers.

Litigation Management

Employment can lead to disputes that require legal representation before the labour courts. This often involves lawsuits for terminations, or wage claims. The mandatory mediation stage, which is a procedural precondition for employee claims and reinstatement actions, should also be conducted with legal guidance in order to best protect company interests.

GEMS SCHINDHELM helps you make these proceedings in an efficient and cost-saving manner while simultaneously minimising the risk of subsequent lawsuits. We will stand by your side with:

• Representation before the labour courts, in particular in reinstatement, employee claim and compensation actions
• Mandatory and voluntary mediation proceedings in employment matters