Specialist legal advice for employers, managing directors, employees and works councils
Employment law at
LW·P Lüders Warneboldt
Labour law issues and disputes require special expertise, a broad understanding of economic, organisational and cultural contexts, and a high degree of empathy and negotiating skills. The specialist lawyers at LW·P Lüders Warneboldt in Hanover support, advise and represent employers, employees, managing directors and works councils in a solution-oriented manner and on an equal footing.
Our aim is to achieve sustainable results for you and to avoid lengthy court proceedings wherever possible. If legal action is necessary, we pursue it consistently and nationwide – before all labour courts, regional labour courts and the Federal Labour Court, as well as before civil, social and administrative courts.
We advise and support you in all individual and collective labour law issues in your day-to-day business – as strategic support, targeted project support or sound advice on specific labour law issues. With LW·P Lüders Warneboldt, you have an experienced team in labour law at your side in Hanover, which is both professionally and personally convincing.
Comprehensive expertise in employment law for employers, managing directors, employees and works councils
Employment law is constantly evolving. Changes in legislation, new case law and developments in collective bargaining agreements pose challenges for companies and employees alike.
The specialist solicitors at LW·P Lüders Warneboldt provide comprehensive advice on all aspects of employment relationships – from drafting contracts to warnings and dismissals to co-determination and works council issues.
We support employers, managing directors, employees and works councils in:
- Drafting and reviewing employment and managing director contracts as well as works agreements,
- terminations, settlement and termination agreements,
- labour law conflicts and legal disputes,
- questions about working from home, working hours, data protection and employee management
- as well as workplace co-determination and compliance issues.
This is how we ensure that you can concentrate on your core business – legally compliant and efficiently.
We advise and represent:
Employers
Employers today are under considerable organisational and legal pressure. We help you make legally compliant personnel decisions, avoid conflicts and implement them strategically. Our specialist employment law solicitors support employers in all phases of the employment relationship – from recruitment to termination.
We support you as a medium-sized company or entrepreneur:
- in the drafting of employment and service contracts, contract amendments and supplements,
- in preparing and implementing the separation process with managing directors and employees, both in and out of court, in unfair dismissal proceedings and civil proceedings,
- in the event of operational changes, restructuring, staff reductions, mergers, outsourcing, plant closures and transfers of operations in accordance with Section 613a of the German Civil Code (BGB),
- in the implementation of HR due diligence,
- in works constitution law issues and disputes in decision-making procedures,
- negotiations with the works council, including in conciliation committees,
- in matters of temporary employment and the distinction between work contracts, freelance work, in employment relationships with international aspects, such as the posting of workers,
- in training courses for managers,
- in matters of social security law
- in dismissals and warnings from the employer’s perspective,
- in the reorganisation of employment relationships and management levels,
- and in negotiations with works councils and trade unions.
Managing directors
For managing directors, employment law often involves particular risks and scope for manoeuvre. We advise you individually, strategically and with a view to your personal responsibility as a company director.
We support you as a managing director and board member:
- in reviewing and drafting service contracts,
- appointing and dismissing your executive position,
- in matters relating to company pension schemes,
- in negotiating and concluding termination agreements,
- after the pronouncement of ordinary or extraordinary termination of your employment relationship,
- in matters of social security law, in particular in the implementation of status determination procedures,
- in the drafting and review of managing director and service contracts,
- in remuneration and bonus regulations,
- in matters of liability, non-competition clauses and duties of office,
- as well as in the termination of managing director employment relationships and negotiations on settlement or termination agreements.
Employees
Employees are also often faced with complicated labour law decisions – whether following dismissal, contractual problems or questions about severance pay.
We support you as an employee, manager or executive:
- in reviewing and drafting employment contracts and all contractual clauses, contract amendments and supplements,
- reviewing fixed-term agreements and in actions to remove time limits,
- in matters relating to company pension schemes,
- in the case of warnings and suspensions,
- in reviewing and drafting references,
- in concluding and negotiating termination agreements,
- in dismissal protection proceedings,
- as well as in matters of equal treatment and discrimination.
Works councils
Works councils take responsibility for the interests of the workforce and require sound legal knowledge to do so.
We support you as a works council:
- in matters relating to co-determination rights and operational changes,
- in the drafting and negotiation of works agreements, as well as reconciliation of interests and social plans,
- in conducting conciliation and decision-making procedures,
- and in works council elections.
Why LW·P Lüders Warneboldt is your partner for employment law
With decades of experience in labour and corporate law, LW·P Lüders Warneboldt stands for sound, practical and personable legal advice.
Our clients benefit from:
- specialist solicitors with broad industry experience,
- rapid availability and clear recommendations for action,
- preventive advice to avoid conflicts,
- and competent representation before all labour courts.
We represent medium-sized companies, executives, employees and works councils alike – always with a view to fairness, cost-effectiveness and legal certainty.
Are you looking for reliable, practice-oriented advice in employment law?
Then please contact us – by telephone +49 511 543589-26, by e-mail or via our online form.
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Our expertise in employment law
Interdisciplinarity
We work hand in hand with specialists from the fields of law, taxation, auditing and management consulting under one roof.
Empathy
We listen and offer you solution-oriented suggestions.
Expertise
We have years of professional experience and are committed to lifelong learning.
Comprehensive advice
From comprehensive process analysis and consulting to implementation and support, LW·P Lüders Warneboldt is there for you.
Your specialist solicitors for employment law in Hanover
FAQ - Frequently asked questions
In the event of incapacity to work due to illness, the holiday entitlement generally remains valid even in the case of prolonged illness. The holiday entitlement expires at the end of the 15-month period if the employee has been prevented from taking their holiday for health reasons from the beginning of the holiday year until 31 March of the second calendar year following the holiday year.
If the employee actually worked during the holiday year before becoming fully incapacitated for work or unable to work due to illness, the expiry of holiday entitlement after 15 months regularly requires that the employer has enabled the employee to actually take their holiday in good time before the onset of incapacity for work, e.g. by notifying them in writing, if possible, that they still have holiday entitlement and that this must be taken by a certain date, otherwise it will be forfeited. If this does not happen, the statutory holiday entitlement cannot be forfeited after 15 months in the year in which the employee becomes incapacitated for work due to illness.
There is no legal right to work from home, nor are there any legal requirements for approving mobile working. Employers cannot unilaterally oblige employees to work remotely or from home.
A home office agreement must contain provisions regarding the place of work, the type of work to be performed, working hours and work equipment.
Pseudo-self-employment means that you formally appear to be self-employed, even though you are actually employed.
The distinction between self-employment and dependent employment is complex and is always made on the basis of an overall assessment of the specific circumstances, taking into account the contractual basis and, in particular, the actual performance of the work. Key criteria for dependent employment are integration into the client’s business organisation and the obligation to follow instructions. Factors that indicate self-employment include, for example, the entrepreneur’s own risk, the existence of their own business premises and the ability to dispose of their own labour.
A legally binding decision can be made by means of a status determination procedure at the German Pension Insurance Fund.
Ordinary termination of a fixed-term employment contract within the notice period is only permissible if this has been agreed in the employment contract. Extraordinary termination without notice is possible. However, there must be good cause that makes it unreasonable for the employer to continue the employment relationship until the agreed end date.
If there is no special protection against dismissal (e.g. pregnancy, parental leave or severe disability), the employer can give notice of termination without cause in compliance with the notice period applicable under the employment contract or by law in a company with up to 10 employees. There is no protection against dismissal under the KSchG.
In companies with more than 10.25 employees, ordinary dismissal can only be given if there are operational, behavioural or personal reasons for dismissal that justify this in accordance with Section 1 of the KSchG and the employee to be dismissed has been employed for more than six months.
Yes, illness does not generally protect you from dismissal. However, if the KSchG applies, the conditions for dismissal on grounds of illness must be met.
As a rule, an action for unfair dismissal must be filed within three weeks of receipt of the notice of dismissal.
No, German labour law does not provide for any entitlement to severance pay. Exceptions may apply in the case of termination pursuant to Section 1a of the German Employment Protection Act (KSchG) (in the case of termination for operational reasons) or if a social plan is in place.
Part-time employees (including those in marginal employment) have the same rights as full-time employees, including the right to paid holiday leave, maternity leave, parental leave and protection against discrimination. The Part-Time and Fixed-Term Employment Act ensures that part-time employees are not treated less favourably.
Yes, under certain conditions, employees have a legal right to work part-time. This right is regulated by the Part-Time and Fixed-Term Employment Act (TzBfG).