Labour Law and Service Contract Law
One of a company’s most important resources is a content workforce.
Plant restructuring, personnel adjustment measures, corporate transactions and strategic personnel planning all require a large amount of careful legal analysis and planning, and must be communicated appropriately to the employees and their representatives.
We have extensive expertise in these fields and will be happy to apply our experience and know-how to help you.
Specializing in labour law, Carsten Langens and our team can support you in the following typical areas of labour law:
- Supporting personnel officers in their day-to-day business and in the strategic planning and implementation of restructuring measures
- Planning, structuring and realizing outsourcing projects
- Due diligence and post-merger integration
- Preparing and negotiating plant-level agreements
- Negotiating reconciliation of interests and social compensation plans, and arbitration committee proceedings
- Advising and representing employers in church welfare organizations
- Employee data protection
- Employment contracts, appointment contracts and termination contracts
- Representation of employed managing directors
- Enforcement of non-competition clauses
- Litigation before all labour courts
- Infringements of the German Act to Combat Undeclared Work and Unlawful Employment
- Freelancing and bogus self-employment.
We will be happy to help you with our expertise.
Under a service contract (section 611 of the German Civil Code, BGB), one contracting party (service provider) undertakes to perform the services promised, and the other contracting party (party entitled to the service) undertakes to grant the agreed remuneration. One major subcategory amongst service contracts is the employment contract. A significant part of our legal consultancy work involves providing support in cases where relations arising through the service contract are not necessarily protected under labour law, for example the contractual relations between the managing directors of a GmbH (limited liability company) and the GmbH, or members of the board of management at an Aktiengesellschaft (joint stock company) and the company itself.
The employment relationships of the managing director of a limited liability company or those of the manager of a joint stock company always take the form of two different legal relationships. Firstly, there is the executive relationship created by the appointment of the managing director/board member, which bestows on the GmbH managing director or the member of the board of a joint stock company his/her rights and obligations relating to the company’s internal and external relations. Secondly, there is the employment relationship (the service contract) which regulates the mutual performance obligations of the parties, in particular the remuneration of the managing director/board member.
We advise and represent both companies and managers (managing directors and board members) in all issues of appointment to an executive body (the act of appointing, dismissal and decision-making) and in all issues relating to the establishment, amendment and termination of the service contract with its associated rights and obligations.
We will be happy to assist you.
- corporate founders
- companies in all industries
- domestic and international investors
Do you have any further questions?
Please do not hesitate to contact us.