Find Lawyers in Berlin, Germany for Labor and Employment Law
Practice Area Overview
Labor and employment relationships are of great significance in any economy. In Germany, these relations are governed by a complex structure of statues and regulations on national and international level as well as by a very dynamic case law. As several mandatory employee protection rights have their origin in European law not only the precedents of the national labor courts but also the rulings of the European Court of Justice influence German labor and employment law significantly. As a result it is safe to say that labor and employment law is one of the most dynamic fields of law in Germany.
As labor and employment lawyers we do not only deal with the relations between employees and employers (individual employment law) but also between works councils and trade unions and employers and employers' associations (collective employment law). Further in M&A transactions the advice of an employment lawyer is sought by companies, employees, and works councils. Social security law and data protection law also influence employment relations.
The advice an employment lawyer offers in individual employment will include the drafting or revision of employment contracts, advise any issues arising during the employment relationship such as disciplinary issues, maternity and parental rights, working time and minimum wages issues, compliance investigations, etc. An important area of individual employment law will deal with the issues arising when an employment relationship is terminated. This will include the preparation of a notice of termination as well as the representation of employers and employees in law suits in termination protection proceedings in front of a labor court. More and more employment lawyers are asked to advise on discrimination issues which may occur when hiring or promoting an employee and can render a notice unlawful even if the employment relationship does not fall within the scope of the termination protection act.
A labor and employment lawyer will also help navigate through the complex system of collective labor law. Trade unions and employers' associations negotiate rules that apply on an industry wide, regional level or for specific groups of employees (e.g. pilots, train drivers, etc.). Works council have extensive co-determination rights and again will negotiate with the employer specific rules for the plant or company in which they represent the employees. Conflicts arising between employers and works councils will be dealt with in a specific dispute resolution process and under certain circumstances in court. Both during the formal dispute resolution process as well as in court both parties will often rely on the advice of their employment lawyer.
In case of restructuring measures, a labor and employment lawyer will advise the employer and works council on the requirement to negotiate a compromise of interests agreement and a social plan and be at their side during the negotiation process.
When companies and businesses are sold, both the works councils' rights to be informed and consulted with as well as the protection of the acquired rights of individual employees will have to be looked at from a legal perspective.
Labor and employment law is a highly specialized and dynamic area of law. A lawyer active in this field of law will have to consider not only the legal aspects of the client’s issues but also the practical and often emotional issues the client is faced with.
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Dr Thomas Barthel is Partner at BEITEN BURKHARDT‘s Berlin office and member of the Labour & Employment Law practice group. He advises and represents national and international companies from various industries on all aspects of individual and collective labour law as well as social security law. He focuses on restructurings and collective bargaining negotiations. He also renders advice on labour law aspects of corporate transactions and assists with proceedings before conciliation b...
Carsten Brachmann is a partner at fellaws, Berlin. He advises private and public employers on individual and collective employment law, especially regarding collective bargaining, works council constitution law, employee representation law and employee leasing. Carsten Brachmann has been a certified specialist for employment law since 2005 with a legal advisory focus on employment law in the areas of public service and M&A. He advises employers on restructuring measures in various industr...
Main Focus Areas Advice on day-to-day personnel work and support in all labor law issues Labor law support for digital transformation processes Advice and representation in restructuring, transactions and operational changes, both in individual and collective labor law Advice on sports labor law Germany-wide representation in all types of proceedings before the labor courts
Born in Munich in 1965, Dr. Markus Kelber studied law and worked as a research assistant at the University of Regensburg in 1987 after completing his apprenticeship as a carpenter. Dr. Kelber has been active as a lawyer in Berlin since 1996, working first for an employers’ association and then for the medium-sized local law firm Danckert Böx Meier. In 1998, he obtained his doctorate in constitutional law with Prof. Dr. Udo Steiner in Regensburg, with a thesis on the subject of &ldq...
Hendrik Muschal is a partner at fellaws, Berlin. As an acknowledged and experienced expert, he advises numerous German and international clients on all aspects of individual employment law, collective employment law in both the private and public sector, international employment law and criminal labor law. One of the focal points of Hendrik’s work regarding global HR management is innovative personnel cost optimization and data protection. Hendrik is strongly involved in international b...
Expertise Employment Main Focus Areas Advising on day-to-day personnel work, legal design of mobile and digital work Employment law advising on transactions, restructurings, company sales and transformations Advising on collective labor law, negotiation of operational changes Labor court litigation
Julia Alexandra Schütte is Partner at the offices of BEITEN BURKHARDT in Berlin and Hamburg and member of the Labour & Employment Law practice group. Her area of expertise comprises both individual and collective labour law, focusing on advice and litigation connected to conflicts with works councils and employee representatives of companies belonging to welfare associations (Diakonisches Werk, Caritas etc.). She works for large and medium-sized companies (e.g. from the healthcare se...
Dorothee von Einem advises companies on all labor and employment law related matters. A strong focus of Dorothee's practice is advising international clients on employee data protection and other compliance issues as well as employment contracts. Her expertise further covers all issues in connection with restructurings, reallocations and shut down of businesses, in particular with regard to negotiations and communication with works councils and authorities. She also routinely advises on all l...
Lawyer and specialist lawyer for labour law as well as specialist lawyer for commercial and corporate law. Carl-Christian von Morgen is a founding partner of the law firm Rechtsanwälte von Morgen & Partner, which is located in Berlin and Hamburg with a total of 8 attorneys. The law firm specializes in the fields of labour law, commercial and corporate law, inheritance law, industrial property law, real estate law, private building law, commercial tenancy law, data protection law, spo...
Born in Brühl in 1965, Dr. Rolf Zeißig studied law in Bonn, Hamburg and Berlin. He was a research assistant at the Department of Labor and Social Law at the University of Potsdam and obtained a doctorate in labor law on the subject of “The Conservation of the Status Quo of Works Council Agreements in the Event of Termination”. Dr. Zeißig has worked as a lawyer since 1996 and as a specialist in labor law since 1999. He has been with ZENK since 2002. Dr. Zeißi...
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