As a future client of HUEMMERICH legal, you need to be aware of this since there are law firms, which represent only employers or only employees or works councils. We are not acting on political or ideological grounds but we are experts of employment and labor law and make a full contribution that benefits our clients. The years of experience and the constant change of perspective (from an employee’s perspective and an employer’s perspective) strengthen our perspective and way of thinking at differing positions and interests as well as at the relevant strengths and weaknesses in the particular case. Those who know the perspective of the opposing party are able to optimally estimate their own opportunities and risks. This is the reason why we are not reduced to a certain role as “the law firm for employers” or “the law firm for employees”.

Our clients:

Our clients whom we support in all questions regarding employment and labor law come from the greater Cologne/Bonn area, however, a good part of our clients are from all over the country and due to the emphasis on international labor law also from a number of countries around the globe (companies as well as expatriates). Over time, it was observable that opponents can become clients. A lot of them say: “You did a better job than my lawyer.” Every service provide is pleased about satisfied customers like us, but lawyers are sworn to secrecy and are allowed to communicate about the counseling of a client only with his/her permission. 

At this point, we would like to describe only a few business aereas and non-profit-fields in which we render employment and labor law services:

As regards the employers, we advise and represent in the following sectors and institutions in particular:

On the employee’s side:

The large numbers of mandates and opponents make it impossible to mention all their names. Therefore, the following list is limited to large and particularly relevant employers as opponents. We have structured them in the following areas: local (City of Bonn), regional (Rhine-Sieg county, Erft county, Cologne, Euskirchen county, Rhine-Bergisch county, county of Ahrweiler) and national (even international).

Employers from Bonn:

Regional employers from the counties of: Rhine-Sieg, Erftkreis, Cologne, Euskirchen, Rhine-Bergisch, Ahrweiler and Neuwied

National and international employers:

If you loose confidence that you have placed in your lawyer during the period of the current mandate whether outside the court or at a trial, you should think about a change of attorney. Moreover, if you are of the opinion that your lawyer is not able to meet your requirements or if you feel insufficiently informed and supported, you should become active. 

Such a change of attorney is possible at any time. He can help you save a lot of time and money. Make sure you change your lawyer in due time, so that the new lawyer has still a chance to win your trial.

The previous lawyer is entitled to remuneration for the work done so far. So, you do not run the risk of paying the full amount of attorneys’ fees twice.

If your lawyer failed to perform his contract, it is possible that you do not owe any compensation.

We are happy to assist you in answering your questions that arise while changing your lawyer. A sub-optimal support can cause considerable damages in the long run especially in the case of contract design and it can be worthwhile to prevent these risks.

You have the feeling that things in your working life were no longer as they had been in the past. Being under pressure to justify yourself, reserved behavior of your colleagues and being ignored during communication processes are indicators that your employer wants to terminate the employment.

If you have the impression that they distort the meaning of your words, it is about time for a consultant with respect to separation in order to protect your labor rights. Our consultants analyze your contractual situation and give you hints regarding conduct. In order to manage your crisis and receive fair and appropriate compensation, it is essential to know about behavioral techniques and develop an appropriate strategy.

For this reasons, avoid to write opinion letters without consultation with your advisor! You should analyze your opportunities and risks in order to find a secure way towards a new future and transform the conflict into a chance.  

On the employer’s side, it is recommended to have a consultation on separation that is oriented towards legal situation and work environment before dismissing an employee or sending him on garden leave in order to avoid tactical and legal errors.

The employment contract is the basis for every employment relationship and establishes the legal framework for the daily interaction between employer and employee. 

Different interpretations of contractual clauses or the ignorance of certain circumstances when concluding the agreement are one of the most frequent reasons for conflicts between the parties of the contract. We design employment contracts for employers that are adapted to individual requirements and employment contracts, which can be used for a large number of employees.

In this case, desired goals for the employment relationship are applied in conjunction with provisions of the right governing general terms and conditions and protection of workers. In addition, a meaningful involvement of collective and legal norms are developed with the help of corresponding reference clauses.

For employees and executives, we take over the careful examination of a work contract and possible mantraps. We inform about problems that can arise during the course of a long-term employment relationship and which cannot be recognized by a layperson. Moreover, we provide practicable solutions and negotiate on better conditions than those originally agreed in the contract offer.

The lawyers of HUEMMERICH-legal rely on their wealth of experience due to long-established practice and academic work in the area of designing employment contracts. Our primary objective is to assert the interests of our clients whether of employers or employees on the basis of optimal formulations. This creates a reasonable foundation for a long-term employment relationship but also guarantees its settlement in accordance with interests in the case of separation.

One should know that shaping life in older days depends on drawn pension benefits.

State pensions are secure but the level show a substantial drop and therefore growing pension gaps should and must be closed by occupational pension. But the occupational pension has a highly complex law so that even an informed citizen is not able to understand it. A specific background knowledge is needed to understand concepts like deferred compensation, direct insurance, “Riester-pension” (retirement policy), pension funds, portability, non-forfeiture, contribution commitment with minimum benefit or the duty to make adjustments.

It can be assumed with certainty that a careless handling of pension scheme will have negative effects later on.  

Labor law in the case of occupational pension holds many dangers, which – insofar as they are not recognized – may lead to massive financial disadvantages for companies, directors or employees. Prepare yourself well! HUEMMERICH-legal provides recognized legal experts in the area of occupational pension who support and advice you from composition or transformation of occupational pension schemes up to review of your permitted employee pension. 

Industrial constitution law has a special level of importance in medium-sized and large companies, which should not be taken lightly. The same applies for personnel representation law in public services and the right to represent employees in church facilities.

We advise and represent companies, heads of services, works and staff councils from conflicts during an establishment of a works council and organizational issues during an establishment of a central works council, a group works council or European Works Council as well as from the utilization of office supplies, a secretary, an intranet access up to the exercise of substantive participation rights.

We draft and negotiate company agreements in all key areas of mandatory and voluntary co-determination. Furthermore, we support you with procedural questions and help you to find tailor-made solutions for the business.  Here it has to be emphasized, that the opposition between the parties is not of a primary importance. In many cases, fair and open discussions are the foundation of sustainable agreements and we take the lead in the discussions between works councils and employers on questions about paying costs of our mandate.

If the parties do not agree on an adequate compromise, the conference should be continued in a mediated process settlement with a neutral chairperson in order to clarify emerging issues in regulation. We have wide-ranging experience in being an assessor for both sides; employers and works councils. In the case of disputes relating to legal issues, we conduct a decision-making procedure in labor courts, questions related to personnel representation law in administrative court and disputes arising from the right to represent employees in ecclesiastical courts.

Businesses of every size often have demand for adjustment to the economic and technological development, market trends and claims of lending banks.

This pressure of changes frequently leads to a reduction in the workforce. It must be determined whether a reconciliation of interests and a social plan is negotiable in enterprises with more than 20 employees and a works council. In collaboration with employers, we develop strategies for the implementation of actions needed – if possible in consensus with the works councils or against their concepts. The main focus lies on the realization, which depends on the interests of the company, workforce and works council and minimizing of friction losses.

On this issue, we work together with works councils in order to reduce the measures implemented by employers to a level that is inevitable for the business because no compensation of economic disadvantages would equal the avoidance of terminations. Reconciliations of interests are not mere shows in which the works council is not able to change anything. Experience shows that the works council can have a considerable influence on redundancies, which are allegedly irrevocable. Intelligent social plans and sustainable severance payments are needed for putting life into the word “social compatibility” in areas, where job losses are inevitable.

Our law firm provides a wide range of experience and acknowledged expertise through professional publication and lectures held by specialist lawyer for labor law, Prof. Dr. Mauer.

It covers the contract design in the field of international deployment of executives and employees on the one hand. But on the other side, it covers the whole international social security legislation and tax law, the latter in cooperation with services of external tax advisers. We also provide the procurement of residence and work permits from the authorities. In terms of content, we create besides contracts company policies for travel expenses etc. in the form of operating agreements. In the last few years, we have tested the international cooperation with law firms in more than 50 developed countries and newly industrialized countries.

The lawyer, Prof. Dr. Reinhold Mauer, is a proven expert in the area of foreign assignment of employees.

Furthermore, our law firm represents executives and expatriates in cross-border disputes and termination cases. 

In his working paper No. 1/2018 Prof. Dr. Mauer describes the status of executives (leading employees) under European Law.

Our advisors put a special focus on individual and comprehensive advice and representation of employers as well as employees in this area of law.

It is important that the advice is not only legally sound especially in the case of labor legislation or rather protection against unfair dismissal. In particular when terminating the employment relationship, practical know-how, knowledge of the sector and negotiation skills as well as well-founded legal knowledge are important. Based on this, the law firm works together with clients to develop individual solutions, which are customized to their practical problems. Besides the design and preparation of terminations as well as measures related to labor law, risk assessment and strategic advice also play a role in this case.

Moreover, in-court litigation is an inseparable element of our work and therefore we represent our clients in all court instances up to the Federal Labor Court and Federal Constitutional Court. A further focus of our work lies on termination of employment relationships with the help of cancellation agreements and winding-up agreements. 

In this case, our professional advice in labor law covers additional types of legal systems like tax and social security law.

If an employee wants to enforce his rights against the will of his boss, he has to take legal action through the labor courts. The same applies to the other employer.

The laws require to observe tight deadlines. This means, when an employee does not complain against the termination within three weeks by lodging a claim to the labor court, he will loose all rights, which he might have.

If the question is posed whether the right person has dismissed on the employer’s side, you need to take immediate actions. For this reason: You have to act quickly! Lawyers, who are specialized in labor law, filing suits on a day-to-day basis or averting claims in court, are reliable partners in order to struggle for justice.

Our labor lawyers are processing nationwide and are admitted to practice in all labor courts. We cooperate with employees as well as companies. Moreover, we initiate proceedings in numerous courts, model case proceedings and proceedings for a preliminary ruling before the federal Constitutional Court and European Court of Justice.

We pay attention to the costs and discuss with clients appropriate decisions. The expense risk of the employee and the employer is lower at the first instance than at the other instances. Every party bears its own attorney fees regardless of the result of the legal proceeding and when a settlement about the whole dispute was reached, there are no court fees.

The labor law dispute resembles chess; Good labor lawyers think their moves quite forward. 

The social security law is closely tied to the labor and tax law and covers the following rights:

– statutory pension insurance law,
– health and nursing care insurance law,
– unemployment insurance law and
– workers compensation insurance law

The law firm represents the interests of companies or employees in the above-mentioned areas of social security law as far as they tied to labor law or corporate law. The review and judicial enforcement of the question of whether a social security contribution is mandatory for a director of a limited company or not, is a typical case. Questions related to the work status under §7 SGB IV are also important for such cases; especially to analyze the question, if a self-employed person has to be regarded as economically dependent service-provider.

On termination of the employment relationship, it is necessary to avoid a blocking period for unemployment benefits on a regular basis.

In the area of statutory accident insurance, we have expertise in legal questions on the employer’s side.

The collective bargaining law has a great importance for most companies and associations.

Whether it is the negotiation of in-house collective agreements or the dispute between employer’s associations, individual employers and unions: We represent employer’s associations and unions inter alia in disputes concerning collective-bargaining capacity. These are regular disputes, which will be settled by the Federal Labor Court. Our activities include disputes between collective bargaining parties concerning conclusion of collective agreements, for instance conflicts related to industrial disputes.

Besides corporate and tax law, labor law is a significant factor for the success of transactions and restructurings. Particularly corporate co-determination and individual protection provisions affect the success of entrepreneurial measures in Germany.

Our team of specialists, who have experience in the field of labor and economic law, advises companies of every size on all aspects of transactions and restructurings under company law. These include supervision and audit of company transfers and changes of operations, implementation of due diligence, advice on aspects of transaction under collective bargaining law (tariff change, unification replacement of tariff), supervision under industrial constitution law (balance of interests and negotiations of social compensation plans, conciliation committee), advice on occupational pension, designing the parts of company acquisition contracts and merger agreements under labor law.  

In addition, our consulting service includes supervision of restructurings and operational changes (changes in the workforce and working conditions), negotiations with works councils, unions and authorities, advice on post-merger and acquisition (drafting of employment contracts), restructuring consulting before and in the insolvency.  

Non-compete obligations are of great importance for working and economic life.  

Dealing with the right of post-contractual restraints causes considerable difficulties and is characterized by legal uncertainties. The legal principles under §§ 74 to 75d HGB (Code of Commerce) has remained unchanged since 1914 and the right of post-contractual restraints is largely a case law.

There is a widespread uncertainty while dealing with post-contractual restraints, which leads to non-compete obligations with serious defective clauses. Many mistakes are made while dealing with effectively agreed restraints on competition, particularly when terminating the employment relationship and reacting on illegal activities. Our aim is to work together with clients to develop legally compliant solutions, which take account of justified interests and guarantee the implementation before labor courts.

In order to recognize defects of clauses and develop strategies for the outgoing worker, it is necessary to have updated knowledge and years of experience. You should know that an inadequate non-competition clause does not necessarily lead to invalidity, but a non-binding competition restraint grants the employee the option whether the prohibition of competition becomes effective or not. This can gain substantial importance especially in the case of separation.