Individual employment law

Employers typically associate individual employment law with employment contracts, termination of employment and termination-related litigations. But individual employment law has many more aspects. Contract drafters have been obliged to take into account the case law of the Federal Labour Court, which has kept evolving ever since the Law on the General Terms and Conditions [AGB] was extended on 1 January 2002 to include standard employment contracts.

At the same time, employment contracts should be kept under regular scrutiny. Compensation models and the organisation of working time are key factors in binding employees to the company. In those without a works council, they have to be agreed on individually with each employee. Employers often have to respond to market influences by amending the contracts of employment. Some of those amendments have an effect only for a limited time. Also, the treatment of employees with protected characteristics should not be underestimated and the provisions of the General Equal Treatment Act [AGG] should be appropriately considered.

Our consulting services in individual employment law comprise in particular:

Drafting and development of employment, termination and other agreements as well as employer commitments
Advice on and drafting of individual contracts with management, in particular with members of executive bodies, senior executives and independent contractors
Development of individual compensation and working models, and assistance in their implementation
Preparation of contract terminations, including the termination with employees with protected characteristics, including, where applicable, amendments to contractual conditions
Representation in proceedings under employment protection legislation
Advice on and management of issues related to the general principle of equal treatment and AGG
Structuring of the deployment of external staff, in particular in connection with the Law on Temporary Employment [Arbeitnehmerüberlassungsgesetz]
Avoidance strategies for pseudo self-employment
Employment structuring of foreign employees in Germany