Key Aspects of German Employment and Labour Law

This publication gives an overview of all key aspects of German labour and employment law as well as adjoining fields. Legal professionals with expert knowledge and long years of experience explain the legal basis of these aspects of German law, point out typical practical problems and suggest solutions to those problems. Additionally, examples are given on how to best manage legal pitfalls to minimize risks. This book will especially help foreign in-house counsels and human resources managers at international companies to understand the complex legal regulations concerning labour and employment law in Germany. All three editors of the book, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are experienced legal professionals at the Frankfurt office of DLA Piper, one of the largest legal services providers in the world (www.dlapiper.com), with national and multinational clients. Their experience includes the management of cross-border restructurings, outsourcing and transfer of undertaking measures, as well as the management of national and multi-jurisdictional merger & acquisitions projects, including post-merger integration processes. Front Matter....Pages i-xxi Front Matter....Pages 20-20 Executive Summary: German Employment and Labour Law....Pages 1-17 Front Matter....Pages 20-20 Recruitment....Pages 21-28 Employment Contracts and Further Legal Sources....Pages 29-35 Employee or Freelance Worker....Pages 37-43 Agency Workers....Pages 45-50 Immigration....Pages 51-60 Employee Secondments....Pages 61-69 Pay and Benefits....Pages 71-81 Working Hours, Holidays and Health and Safety....Pages 83-89 Partial Retirement....Pages 91-98 Diversity and Discrimination....Pages 99-108 Data Protection and Monitoring....Pages 109-116 Employee Inventions and Copyrights....Pages 117-124 Non-Competition Clauses....Pages 125-133 Termination of Employment....Pages 135-155 Family Friendly Rights....Pages 157-169 Managing Directors and Management Board Members....Pages 171-184 Front Matter....Pages 186-186 Unions and Collective Bargaining....Pages 187-198 Labour Conflicts....Pages 199-207 Employee Representation....Pages 209-224 Front Matter....Pages 186-186 Restructuring....Pages 225-236 Mergers and Acquisitions....Pages 237-252 Business Transfers....Pages 253-269 Stock Options....Pages 271-287 Company Pensions....Pages 289-303 Employee Co-Determination at Board Level....Pages 305-314 Court Proceedings....Pages 315-321 Back Matter....Pages 323-343 This publication gives an overview of all key aspects of German labour and employment law as well as adjoining fields. Legal professionals with expert knowledge and many years of experience explain the legal basis of these aspects of German law, point out typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimize risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany. All three editors of the book, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are key legal professionals working at the Frankfurt office of DLA Piper, one of the largest legal services providers in the world ((http://www.dlapiper.com) www.dlapiper.com ), with national and multinational clients. Their experience includes the management of cross-border restructurings, outsourcing and transfer of undertaking measures, as well as the management of national and multi-jurisdictional merger and acquisitions projects, including post-merger integration processes. Intended for foreign in-house counsels and human resources managers at international companies, provides an overview of the German legal system governing employment and labour-related business practices