Employment decisions need a reliable factual basis. Contracts, actual duties, performance history and special protection must be considered before dismissals, transfers or changes to working arrangements. A commercially understandable decision does not replace the necessary works council consultation or official approval.
What we assess
Restructuring combines individual employment rights with collective rules. Working time, remuneration, operational changes and redundancies can trigger different procedures. We organise the sequence of decisions and consultations and assess continued employment, settlement and the financial consequences of termination together.
Four practical examples
Illustrative scenarios, not accounts of client matters. The appropriate response depends on the documents, applicable law and procedural position.
Underperformance in sales
An employer considers dismissing a salesperson who has missed targets. Agreed objectives, comparable performance and the reasons for the shortfall are examined first. Appropriate measures may include revised targets or a warning; a poor sales figure alone does not establish every requirement for dismissal.
New shift arrangements
A manufacturer introduces a new shift system. Employment terms, working-time limits and co-determination rights need to be aligned. A coordinated timetable helps prevent implementation before the required agreements and consultation procedures have been completed.
Departure of a managing director
Corporate office, the service contract and authority to represent the company are separate issues. Removal from office, termination, release from duties, return of documents and any release from personal guarantees must be coordinated.
Redundancies following a closure
Before dismissals are issued, the relevant establishment, thresholds and possible collective redundancy consultation and notification duties are assessed. Settlements with individual employees do not substitute for required collective procedures.
Documents that help
Employment contracts and amendments, job descriptions, warnings, works agreements, information about employee representation and a chronology of relevant events.
From assessment to the next step
We first distinguish established facts from disputed allegations and identify any step needed to preserve rights. The legal route is then assessed against the commercial objective, available evidence and potential cost. Where technical or foreign-law input is required, responsibilities are coordinated before further work is commissioned. Negotiation, formal proceedings and practical implementation are considered together; a favourable legal position still needs a workable route to the intended result.
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Discuss your matter
Tell us the parties involved, your objective and any deadlines. Our main office is in Hanover, Lower Saxony. We advise on German-law matters nationwide and coordinate cross-border work with locally qualified counsel where required.
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We check conflicts and agree the scope and fees before accepting instructions. An enquiry alone does not create an engagement or preserve a deadline.