Executive Employment Law
We advise companies, managers, executives, managing directors, and boards on employment and service contracts. From the conclusion and amendment to the termination of the employment relationship, our lawyers will be glad to provide you with interest-specific advice.
On many occasions, it proves difficult to define whether we are dealing with "regular employees" or executives. In case of executives, it shall be further distinguished whether it is an executive pursuant to the provisions of the WCA, the Consumer Protection Act, or the ArbGG. It is not so much dependent on the contract wording but more so on the actual work content. This clarification proves especially important upon termination. In an ideal situation, the legislator provides for the rapid separation of an executive from its employer. In addition, the legislator exempts management from the protection rights enshrined in the Works Constitution Act. In the event of termination of employment, our lawyers will clarify the status from a labour law perspective.
The ever-changing labour law has experienced significant changes in connection with management, which are generally not regarded as "employees". In particular, the Federal Court has clarified in an unprecedented landmark decision that termination benefits enshrined in the Employment Protection Act apply not only to regular employees but also to company management. Accordingly, the parties may well agree that the managing director of a Limited i.e. GmbH must enjoy a certain protection against dismissal. By way of example, it can be determined that the dismissal of the managing director shall only be approved on important grounds.