Expertise

Here is an overview of the services I offer.

Consulting

My advisory services cover the entire spectrum of labour law, from day-to-day HR issues to complex restructurings and cross-border transactions.

Litigation

I represent my clients in all instances of the labour courts, before public authorities and in arbitration boards.

International

I advise foreign companies on issues concerning their German business activities and German companies on cross-border and international issues.

Consulting

My advisory services cover the entire spectrum of labour law, from day-to-day HR issues to complex restructurings and cross-border transactions.
Many topics in my consulting practice are related to other areas of law, e.g. corporate law, criminal law or data protection law. If necessary, I bring in an expert from my network.
v

Works council co-determination

Drafting of works agreements, negotiations with the works council, arbitration boards.
l

Employment law advice on M&A transactions

Employment law due diligence, drafting of employment law clauses in company purchase agreements.

• Out- and insourcing, changes in business organisation, restructuring

Strategic advice in the run-up, in particular on the effects on employee representative bodies and in the area of corporate co-determination, draft letters of transfer of undertaking, post-merger integration and negotiations with the works council.
m

Compliance and internal investigations

e.g. in the event of accusations of sexual harassment or discrimination: advice on employment law regarding formal requirements and deadlines to be observed, co-determination rights of the works council, data protection, conducting of employee interviews.

SE (Societas Europaea) formation

Monitoring of the employee participation procedure, negotiations with the special negotiating body (SNB), drafting of participation agreements.

Dismissal protection law

Disciplinary issues in the event of misconduct or low performance, monitoring of the entire process up to the point of separation.
A

Deployment of external staff and supply of temporary workers

Analysis of risks of existing contract practice, contract drafting, in-court and out-of-court representation before labour, social and civil courts and authorities, e.g. in relation to status proceedings, equal pay, liability disputes or official permits.

Working time models

Advice on the implementation of flexible working time models, negotiations with employee representatives.
h

Employment contracts

Drafting of clauses in line with the Law on General Terms and Conditions (AGB), post-contractual non-compete clauses, retention agreements, employee participation programs.

Collective bargaining law

Drafting and negotiating company collective bargaining agreements.

Site closures and staff reductions, including insolvency labour law

Negotiations on reconciliation of interest agreements and social plans, advice on the advantages and disadvantages of using a transfer company.

Compensation models

Development and legal implementation of remuneration systems, negotiation with employee representatives.

Advice for companies and executives in separation situations

Drafting and negotiation of termination agreements, post-contractual non-compete clauses, advice with regard to internal and external communication.

Drafting of service agreements for managing directors and board members, including target agreements

Consideration of regulatory framework conditions (e.g. Corporate Governance Codex), design of clauses conforming to general terms and conditions.

Litigation

I represent my clients in all instances of the labour courts, before authorities and in arbitration boards. During my 14 years of professional activity I have conducted hundreds of proceedings for my clients in all instances. Dismissal protection proceedings and individual legal disputes are part of my everyday work as a lawyer. I have particular experience in conducting resolution proceedings in connection with restructuring and reorganisation measures (in particular injunctions by the works council) and other disputes under works constitution law.
I enjoy litigation and have excellent negotiating skills.

I provide my clients with an analysis of the opportunities and risks as well as a concrete assessment of the prospects of success and costs at all stages of the proceedings.

International

I advise foreign companies with German business activities, e.g. on the introduction of international company policies, employee handbooks, anti-discrimination guidelines, whistleblowing guidelines, standard employment contracts, commission plans, etc., in questions of employee participation (e.g. upcoming establishment of a works council, dealing with existing works councils), disciplinary questions in the event of employee misconduct, questions regarding the hiring of executives (e.g. scope of non-competition clauses with previous employer, draft employment contract including bonus agreement) as well as all questions related to the assignment of foreign employees to Germany.

I advise my German clients on cross-border employment law issues, e.g. on cross-border transfers of undertaking or on international assignments of employees.

Through my many years of working for international law firms I have been able to build up a worldwide network of employment law experts. I am therefore able to provide my clients with contact persons almost anywhere in the world. Anyone who has worked with foreign law firms knows that even with simple inquiries, costs can often get out of hand if the scope of the assignment is not clearly defined, questions are not asked precisely and hourly rates are not negotiated in advance. That is why my clients often ask me to help them coordinate foreign matters.
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Phone: +49 221 5300 6615

Fax: +49 221 9698 6642

kontakt@kempermann-arbeitsrecht.de 

 

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