Employment law with foresight
We follow a partnership-based advisory model built on trust, transparency and continuous availability.
Employment law issues can rarely be considered in isolation. Our approach combines legal advice, the drafting of legal documents and representation in employment law disputes to provide comprehensive support from a single source. This results in solutions that are forward-looking, consistent and designed to be sustainable.
We advise employers on all aspects of individual and collective employment law — in a practical, forward-looking manner and always with a view to their strategic objectives.
01.
Day-to-day legal advice
We advise our clients on all matters relating to the employment relationship, as well as on their dealings with works councils and trade unions. Our areas of focus include, in particular:
Design of remuneration and working time models
Post-contractual non-compete and non-solicitation restrictions
Performance management and termination processes
Cross-border deployment of workers, including immigration issues
Use of external personnel, occupational health and safety, and internal investigations
Occupational pension schemes
Employee data protection
Defence against works council co-determination and participation claims
02.
Restructuring advice
Restructuring is more than a purely legal project. We combine sustainable legal solutions with recommendations on process and communication — so that the intended change succeeds at every level.
Develop sustainable strategies for workforce reductions and operational changes
Negotiate with works councils on reconciliations of interests and social plans
Propose transfer and communication measures
Prepare notifications of collective redundancies within the meaning of Section 17 of the German Unfair Dismissal Protection Act (KSchG)
Prepare and conduct works council hearings
Obtain any necessary regulatory approvals
Represent employers in unfair dismissal and other labour court proceedings
03.
Transaction advice
Company acquisitions, mergers and spin-offs regularly raise employment law issues. We ensure that risks are identified at an early stage and that solutions are implemented in a legally robust manner — for a smooth and efficient transaction process.
Conduct employment law due diligence
Prepare legal due diligence reports and legal fact books
Draft, revise and coordinate any employment-related documentation, e.g., information letters pursuant to Section 613a of the German Civil Code (BGB) and tripartite transfer agreements
Develop and negotiate employment-related clauses in SPAs and asset purchase agreements
Consult with works councils and trade unions (e.g., regarding carve-outs)
Assist with post-merger matters
Legal documents form the basis of employment— and of its termination. Our drafts are legally robust, always reflect the current state of the case law and make full use of the available drafting leeway for the benefit of our clients.
The documents we regularly draft for companies include, in particular:
Multilingual
On request — and as standard for foreign clients and employees — we prepare bilingual drafts in German and English. We use professional translation software that meets the highest international data protection standards and then review each translation manually. In this way, we combine efficient processes with maximum accuracy. On request, we are also happy to involve state-certified translators in your project.
Court proceedings require more than legal expertise: they require strategy, persistence and persuasive advocacy.
We bring all of this together to represent your position effectively in court.
Effective litigation management begins with a clear strategy. We assess the prospects of success, the potential risks and the commercial implications of litigation. On that basis, we develop a tailored litigation strategy together with our clients.
Defence against unfair dismissal and payment claims
Enforcement of employers’ repayment claims
Defence against works council co-determination claims
Proceedings arising from the misclassification of freelance contractors as employees
Form & Stil
Erst auf den Punkt gebracht, entfaltet gute Beratung ihren Wert. Deshalb setzen wir auf eine kompakte, ergebnisorientierte Kommunikation.
Anstelle theoretischer Abhandlungen konzentrieren wir uns darauf, aus der rechtlichen Analyse praxisgerechte Handlungsoptionen abzuleiten und klare Empfehlungen auszusprechen. Das Ergebnis: rechtliche Orientierung, die Ihre Entscheidungsfindung passgenau unterstützt.
Topics that move us.
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Career & opportunities
OATHBERG is a growth-oriented law firm with a clear focus on employment law. Over the medium term, we want to grow with the right people — professionally strong, practice-oriented team players with commercial awareness and an interest in working with international clients are very welcome to join us. If you are interested in working with us, we would be pleased to receive your application, together with your CV and relevant certificates, at:
