Your experts in individual and collective employment law
Employment law is the foundation of our economic life. It governs the essential relationships between employers and employees and is constantly changing through legislation and case law. In this dynamic environment, fast, precise and legally sound action is crucial.
Our firm offers comprehensive expertise – from forward-looking contract drafting to dedicated representation in unfair dismissal proceedings. We see ourselves as your strategic partner, clearly analysing complex situations and creating legally sound solutions in the workplace.
Individual employment law: the entire cycle in view
A legally sound employment relationship begins long before the first day of work and ideally ends without unnecessary conflict. We support you at every stage.
The pre-employment relationship
The legal relationship between employer and employee begins well before the first day of work.
At this stage, often described as a pre-contractual obligation, protecting personal rights and equal opportunities takes centre stage. A key element is the job advertisement, which must be non-discriminatory under the German General Equal Treatment Act (AGG) ; an advertisement addressing only “young applicants”, for example, can already give rise to compensation claims.
In the subsequent application process, the employer's right to ask questions is limited by the general right of personality of the applicant. Inadmissible questions, for example about pregnancy, family planning or trade union membership, do not have to be answered truthfully.
This stage also governs the reimbursement of interview expenses, under which the employer must cover travel expenses unless this has been expressly excluded in advance.
At this stage, often described as a pre-contractual obligation, protecting personal rights and equal opportunities takes centre stage. A key element is the job advertisement, which must be non-discriminatory under the German General Equal Treatment Act (AGG) ; an advertisement addressing only “young applicants”, for example, can already give rise to compensation claims.
In the subsequent application process, the employer's right to ask questions is limited by the general right of personality of the applicant. Inadmissible questions, for example about pregnancy, family planning or trade union membership, do not have to be answered truthfully.
This stage also governs the reimbursement of interview expenses, under which the employer must cover travel expenses unless this has been expressly excluded in advance.
Entering into the contract
Once the parties agree to work together, the relationship enters the formation stage, in which the employment contract establishes the legal framework.
Although an employment relationship can theoretically be agreed orally, the German Act on Notification of Conditions Governing an Employment Relationship (Nachweisgesetz) requires essential conditions such as the place of work, job description and remuneration to be documented in writing.
A key part of this stage is drafting the contract with regard to review of standard terms and conditions. Since employment contracts are usually pre-drafted, they are subject to strict judicial scrutiny of their content. Clauses covering overtime pay are one example:
Wording such as “All overtime is covered by the salary” is generally invalid because it is insufficiently transparent for the employee and places them at an unreasonable disadvantage.
Although an employment relationship can theoretically be agreed orally, the German Act on Notification of Conditions Governing an Employment Relationship (Nachweisgesetz) requires essential conditions such as the place of work, job description and remuneration to be documented in writing.
A key part of this stage is drafting the contract with regard to review of standard terms and conditions. Since employment contracts are usually pre-drafted, they are subject to strict judicial scrutiny of their content. Clauses covering overtime pay are one example:
Wording such as “All overtime is covered by the salary” is generally invalid because it is insufficiently transparent for the employee and places them at an unreasonable disadvantage.
The ongoing employment relationship
This stage covers the actual performance of work and is characterised by the exchange of the principal obligations: work in return for pay.
The employer uses its right to direct work (right to issue instructions)to specify exactly when, where and how the work is to be performed. Alongside the work itself, important ancillary obligations apply: the employee has a duty of loyalty, which, for example, prohibits competing with their own employer while the contract remains in force, while the employer's duty of care requires it to provide a safe workplace and protect health.
This stage also includes disruptions such as illness, for which the German Continued Remuneration Act (Entgeltfortzahlungsgesetz) guarantees continued pay for six weeks, or misconduct, which the employer can address with a formal warning to bring about a change in future behaviour.
The employer uses its right to direct work (right to issue instructions)to specify exactly when, where and how the work is to be performed. Alongside the work itself, important ancillary obligations apply: the employee has a duty of loyalty, which, for example, prohibits competing with their own employer while the contract remains in force, while the employer's duty of care requires it to provide a safe workplace and protect health.
This stage also includes disruptions such as illness, for which the German Continued Remuneration Act (Entgeltfortzahlungsgesetz) guarantees continued pay for six weeks, or misconduct, which the employer can address with a formal warning to bring about a change in future behaviour.
Ending the employment relationship
The final stage is the dissolution of the contractual relationship, which can take place in various ways.
An ordinary dismissal ends the relationship subject to statutory or contractual notice periods; in larger establishments, the German Protection Against Dismissal Act requires dismissal to be socially justified. By contrast, an extraordinary dismissal ends the relationship without notice in the event of a serious breach of trust.
Alternatively, the parties may end the relationship by mutual consent through a termination agreement . This stage concludes with the formal settlement of the relationship, in which payment of severance pay plays a central role.
Under § 109 GewO, employees have a statutory right to a written employment reference, which must be issued either as a basic reference (type and duration of employment only) or as a detailed employment reference (also covering performance and conduct). The principles of truthfulness and benevolence apply, meaning that the employer must not hinder the employee's professional career through unnecessarily negative wording.
Payment in lieu of untaken holiday and the return of company property often mark the legal conclusion.
An ordinary dismissal ends the relationship subject to statutory or contractual notice periods; in larger establishments, the German Protection Against Dismissal Act requires dismissal to be socially justified. By contrast, an extraordinary dismissal ends the relationship without notice in the event of a serious breach of trust.
Alternatively, the parties may end the relationship by mutual consent through a termination agreement . This stage concludes with the formal settlement of the relationship, in which payment of severance pay plays a central role.
Under § 109 GewO, employees have a statutory right to a written employment reference, which must be issued either as a basic reference (type and duration of employment only) or as a detailed employment reference (also covering performance and conduct). The principles of truthfulness and benevolence apply, meaning that the employer must not hinder the employee's professional career through unnecessarily negative wording.
Payment in lieu of untaken holiday and the return of company property often mark the legal conclusion.
Collective employment law: achieving more together
Collective employment law is a driving force for fair working conditions. While individuals often have little bargaining power, joining strong associations and representative bodies creates a genuinely equal footing. We represent you and help you actively shape the world of work.
Freedom of association
The foundation of all collective strength is the right to organise in trade unions or employers' associations .
We help you exercise your freedom of association under Article 9(3) of the German Basic Law on a sound legal basis. In practice, we enforce trade union representatives' right of access to workplaces or challenge dismissals that constitute unlawful retaliation for trade union activity. This safeguards the foundation for effective representation of your interests.
We help you exercise your freedom of association under Article 9(3) of the German Basic Law on a sound legal basis. In practice, we enforce trade union representatives' right of access to workplaces or challenge dismissals that constitute unlawful retaliation for trade union activity. This safeguards the foundation for effective representation of your interests.
Collective bargaining law
Collective bargaining law governs the conclusion, content and effect of collective agreements.
A distinction is made between the framework collective agreement (long-term conditions such as holiday entitlement) and the collective pay agreement (pay increases) . A central principle is collective bargaining autonomy: the parties' right to negotiate agreements without state interference. Within the framework of collective bargaining autonomy , we draft framework collective agreements and pay scales that exceed statutory minimum standards.
We negotiate innovative working-time models for you in company collective agreements or apply the principle of favourability to examine whether an employee is entitled to higher collectively agreed pay or additional holidays despite different provisions in their individual contract.
A distinction is made between the framework collective agreement (long-term conditions such as holiday entitlement) and the collective pay agreement (pay increases) . A central principle is collective bargaining autonomy: the parties' right to negotiate agreements without state interference. Within the framework of collective bargaining autonomy , we draft framework collective agreements and pay scales that exceed statutory minimum standards.
We negotiate innovative working-time models for you in company collective agreements or apply the principle of favourability to examine whether an employee is entitled to higher collectively agreed pay or additional holidays despite different provisions in their individual contract.
Industrial action law
When collective bargaining fails, the employment relationship enters the sphere of industrial action law. As there is no comprehensive statute in this area, it is strongly shaped by case law.
Employees' most important tool is the strike, while employers can use the lockout as a countermeasure. We examine the legality of warning strikes intended to increase pressure during bargaining rounds and defend against employers' interim injunctions against strike action.
Our aim is to keep measures such as strikes or lockouts proportionate and enable you to pursue your objectives without legal risk.
Employees' most important tool is the strike, while employers can use the lockout as a countermeasure. We examine the legality of warning strikes intended to increase pressure during bargaining rounds and defend against employers' interim injunctions against strike action.
Our aim is to keep measures such as strikes or lockouts proportionate and enable you to pursue your objectives without legal risk.
Works constitution law
The German Works Constitution Act regulates how the workforce participates in employers' decisions through the works council.
Its powers range from simple information rights to genuine co-determination rights in social matters, such as introducing monitoring systems or planning holidays.
We support you even before the first meeting: we help employees lawfully convene an election meeting to establish a works council and rigorously enforce special protection against dismissal for election candidates and initiators. We advise existing bodies on negotiating works agreements, for example on introducing AI systems or organising duty rosters, and provide expert representation before the conciliation committee if an amicable agreement with the other party cannot be reached.
Its powers range from simple information rights to genuine co-determination rights in social matters, such as introducing monitoring systems or planning holidays.
We support you even before the first meeting: we help employees lawfully convene an election meeting to establish a works council and rigorously enforce special protection against dismissal for election candidates and initiators. We advise existing bodies on negotiating works agreements, for example on introducing AI systems or organising duty rosters, and provide expert representation before the conciliation committee if an amicable agreement with the other party cannot be reached.
Corporate co-determination
At the highest level of collective employment law is co-determination in the company's own governing bodies. This primarily concerns large companies in the legal form of an AG or GmbH. Depending on company size and industry (for example, co-determination in the coal and steel industries), supervisory boards are composed of equal numbers of shareholder and employee representatives. We bring your interests to the boardroom.
For far-reaching strategic decisions, such as a proposed merger or relocation, we analyse the economic consequences and help you secure social compensation plans at company level, ensuring that social responsibility and corporate strategy go hand in hand.
For far-reaching strategic decisions, such as a proposed merger or relocation, we analyse the economic consequences and help you secure social compensation plans at company level, ensuring that social responsibility and corporate strategy go hand in hand.
