Drafting contracts is an art unto itself, and this has not only been the case since employment contracts with general managers and management board members have become subject to review under the Standard Terms and Conditions Act and the rulings of the courts have had more and more surprises in store. In addition, employers in multinational corporate structures are often subject to corporate requirements that are new to Germany and are met in works councils astonishment and rejection. The national and extraterritorial regulatory requirements result in even more difficulties.
Thanks to our specialization in employment law, we are able to keep our clients abreast of the latest developments when drafting contracts and assist them in developing negotiating strategies in relation to works councils to find feasible solutions for their global policies. Our deep knowledge of compliance allows us to help works councils understand what initially appears incomprehensible. This practice area includes:
- Design of employment contracts in compliance with specific industry customs
- Design of compensation rules (including bonuses)
- Design of post-contractual non-compete undertakings and matrix clauses
- Design of contracts for the use of outside personnel (solo freelancers, contractors for work and Temporary Employment Act)
- Negotiation of policies subject to co-determination with works councils such as on compliance topics, compensation issues and IT security
- Legally compliant design of policies not subject to co-determination
- Structuring of policies to not be subject to co-determination
Topics concerning employment contracts have regularly been discussed in our Client Newsletters and in our Breakfast Club. Our specialists for all questions concerning the design of contracts and policies are Dr. Henning Reitz and Dr. Thilo Mahnhold.