Expertise & Experience EMPLOYMENT & PENSIONS

Transcription

1 Expertise & Experience EMPLOYMENT & PENSIONS

2 ONE OF THE LEADING PRACTICES IN EMPLOYMENT LAW WITH A WIDE RANGE OF ADVICE JUVE Handbook Echinacea: structures show us the importance of individual components working together to make a whole. This applies to both natural and man-made materials. The closer you look, the more details you notice. In employment law, especially, the many tiny details are crucial and vital for a successful corporate culture. 2

3 WE UNDERSTAND THE CHALLENGES YOU FACE All companies, at some point, will need to change in order to make the most of all the opportunities in the market. Restructuring, outsourcing or other organisational measures to improve your organisation or reduce costs require precise implementation in relation to employment law. The management of your staff is an important factor for success. Whether a particular working-time model is appropriate, specific incentive systems are necessary to promote talent and performance, or whether compliance handbooks are in place to ensure a uniform approach, tailored procedures are key instruments for business success. As a board member or director, there will be times when you will need advice when drawing up your employment contracts, adapting them for future developments, or negotiating severance models. You may have to defend yourself against unjustified claims. Employment law has links to many other fields. Our advice to you is comprehensive. If a dispute does become unavoidable, your company needs experienced legal representation which will effectively and successfully relieve the pressure on your company and you. Steel: with many uses, it is man-made to be durable and strong. 3

4 AND HAVE THE SOLUTIONS THAT FIT Employment law is of paramount importance at Noerr and has been so for more than 40 years. Our experienced team of around 40 advisors in five German locations is one of the absolute top employment practices in Germany. All of our lawyers work with a passion for, and operate exclusively in, employment law and related fields. They are valued and recognised internally and externally, locally and internationally, and understand the value of networking within the industry. They oversee with great success the many transactions and projects managed by Noerr. But that is not all: complex employment-law advice still forms the mainstay for our group of experts particularly when compared to our competitors and this is dovetailed with effective support from other specialist departments. Our practice areas: Restructuring and reorganisation of companies Ensuring flexible conditions of employment Matters concerning management boards, board members and directors Transactions and M&A Organisation of working conditions Compliance relating to employment law Internationalisation Company pension schemes Litigation 4

5 YOUR BENEFITS Our employment law teams, who are recommended by the leading directories, are at your disposal in five German and six Central and Eastern European locations. We thus guarantee direct proximity to the courts and to our clients whether locally or internationally. You can rely on seamless comprehensive advice and experience regarding all aspects of employment law, tailored to you and your company. We work in an integrated manner with our other specialist departments, when necessary. We understand industry standards and observe the markets in which you operate, with many of our advisors having specific industry knowledge acquired from periods of years in our sector groups. We understand directly the challenges that our clients face and provide them with the most promising solutions quickly and confidently. We proactively draw your attention to risks and develop alternative courses of action, which eliminate avoidable risks and reduce unavoidable risks to the lowest level possible. Our constant advice on all matters relating specifically to employment law and on-going (judicial and extrajudicial) management of the most diverse change processes at plant, company, and group level caused specifically by employment law factors produces and encourages specialist legal knowledge that is outstanding in its breadth and depth. We will tell you whether and when you stand to gain more by going to court than with an out-of-court settlement. In order to make best use of our expertise, our specialist department has created internal groups of experts on various topics (e.g. Company pension schemes, Restructuring ), which develop the continuously growing pool of expert knowledge that has been built up over a long period and is available to you in a targeted manner. Thanks to our lawyers high level of focus, we can provide you with know-how and solutions that are cost-effective, timely, and across locations. Malachite: unique in its overall appearance, each individual component plays its part.

6 RESTRUCTURING AND REORGANISATION OF COMPANIES When restructuring and reorganising companies and groups, we produce project schedules, conduct feasibility studies, and draw our client s attention to alternative courses of action, in particular: We will work alongside you to implement the measures in a timely manner, from the initial planning stage to the conclusion of the final court hearing. We help with the shaping of operational structures. We advise you on changes to and harmonisation of pay scales. We conduct negotiations with works and staff councils, trade unions, and government authorities. We also negotiate redundancy programmes, reconciliation of interests and social compensation plans at reconciliation boards. TRANSACTIONS AND M&A We will provide your company with the best employment-law framework for a transaction. We structure transaction-related transfers of undertaking and changes to operations, examining with precision each company under the employment law due diligence process. With this knowledge, we shape the employment law part of corporate-acquisition and merger contracts and create the necessary foundation for the harmonisation of conditions of employment. 6

7 Leather: particularly robust, this material is characterised by its natural tanning. INTERNATIONALISATION We can advise you and your staff with regard to foreign postings by optimising employment contracts with a foreign component and drawing up assignment contracts for staff moving from Germany to a foreign country and vice-versa; advising you on preparing and organising the employment of staff from other jurisdictions in Germany. We can help with the deployment of staff across your group, support you in obtaining work permits and organise the cooperation of foreign advisors and authorities. We make sure that any contracts with a foreign component are optimised in relation to tax and social insurance law. We work using our network of Noerr international offices in eleven jurisdictions, friendly law firms and 160 national law firms in the global Lex Mundi association. 7

8 ENSURING FLEXIBLE CONDITIONS OF EMPLOYMENT For innovative working-time models and tailor-made incentivising remuneration structures, our many years of experience help you to achieve your business goals. Our advice on using temporary workers and on contracts for services guides you in deploying workers who are not employed by your company. We take care of official permits (e.g. licences to supply temporary workers) and represent your interests vis-à-vis government authorities in contentious proceedings. Leaf: providing for all needs down to the last detail. ORGANISATION OF WORKING CONDITIONS You know your industry and so do we! With our team s many years of experience, we understand the key factors concerning the development of flexible remuneration models, the shaping of agreements on objectives, performance management and employee participation. Due to our in-depth knowledge and many years of experience we can tailor company-level collective wage agreements, company-related association-level collective wage agreements, working-time accounts, and models for part-time work for older staff along with sabbaticals or home-working to suit your company s needs. Our particular expertise also lies in practicable works agreements we have successfully implemented diverse projects together with our clients from various sectors. Our extensive experience of negotiating with works councils in reconciliation boards and the efficient representation of our clients in court have significantly contributed to this. We draw up employment and service contracts with precise accuracy for our client s needs. We also help with staff severance, handling dismissals and composing termination agreements. 8

9 COMPANY PENSION SCHEMES Company pension schemes are increasingly becoming a burden for many companies due to changing circumstances. The restructuring of existing systems or the introduction of new forms of company pensions provision are therefore becoming more and more important. This also applies to the conversion of earnings into pension contributions (deferred compensation), the risks of which are often not identified or correctly assessed. In addition, court rulings are resulting in an ever greater risk of liability for the employer. We ensure that risks are identified and eliminated and assist in establishing clear and future-oriented structures for company pensions. MATTERS CONCERNING MANAGEMENT BOARDS, BOARD MEMBERS AND DIRECTORS We provide comprehensive advice on all matters relating to board members and directors, from strategic planning, through the structuring of remuneration and contracts, to contract termination. This also includes all matters relating to general directors and officers (D&O) liability. We represent companies, management boards, board members, and directors in all these matters, both out of and in court. We assist in warding off unjustified claims and advise on proactive risk avoidance. 9

10 COMPLIANCE RELATING TO EMPLOYMENT LAW We provide tailor-made solutions for internal enquiries and forensic investigations, the implementation of guidelines on ethics, code of conduct, or concepts for staff data protection. We draw up agreements for you on the use of new media, develop the necessary escalation mechanisms and implement sanctions for infringements such as unauthorised use of the internet or . Experienced lawyers conduct investigations for you and represent you in court. LITIGATION Our advisors have a great deal of experience in litigation due to the hundreds of lawsuits we handle per year. We represent companies almost on a daily basis before German employment courts, conduct unfair-dismissal and decision proceedings, but also negotiate settlements to avoid court proceedings or to conclude them in a manner that saves resources. We advise board members and senior executives facing new challenges and represent them in the event of disputes relating to their change. 10

11 Wood: structures that have grown over the years can sustain a great deal and allow new growth to emerge. 11

12 ABOUT NOERR Noerr is one of the top European law firms with more than 500 professionals in Germany, Europe and the USA. The firm delivers real value to clients by devising and handling the right solutions to complex and sophisticated legal matters. The Noerr difference is its unique combination of legal excellence, creative thinking, international experience and in-depth industry knowledge. Listed groups and multinational companies, large and medium-sized family businesses as well as financial institutions and international investors rely on Noerr. Interdisciplinary solutions Together with its tax advisors, auditors and management consultants, the firm also develops sustainable solutions for finance and management by devising integrated solutions tailored to the specific requirements of its clients. This interdisciplinary approach offers clients seamless, efficient and comprehensive solutions. Industry know-how The professionals at Noerr understand their clients business: besides their excellent professional knowledge, the experts also have extensive experience in the industries they advise. Sector groups range from automotive, energy, banking, finance and insurance, to healthcare, real estate and retail. International network The firm guarantees top-level international legal advice with its own offices in eleven jurisdictions and a network of top-ranked best friends law firms all over the world. Noerr is also the exclusive member firm in Germany for Lex Mundi, the leading network of independent law firms with in-depth experience in 100+ countries worldwide. Capacity in Central and Eastern Europe Noerr is present with its own offices in all major capitals in Central and Eastern Europe. As one of the first Western law firms to open offices in the region, the firm has continuously built on this lead and regularly advises on greenfield investments, joint ventures, acquisitions and divestments in Central and Eastern Europe by investors from all over the world. With 100 professionals, Noerr is one of the top law firms in the region. Our offices Alicante, Berlin, Bratislava, Brussels, Bucharest, Budapest, Dresden, Düsseldorf, Frankfurt, London, Moscow, Munich, New York, Prague, Warsaw Noerr Group Noerr Consulting AG TEAM Treuhand GmbH NOERR AG Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft 12

13 AWARDED LEGAL ADVICE Law Firm of the Year Law Firm of the Year for M&A International Firm of the Year 2014 European Law Firm of the Year JUVE Awards 2014 Legal Business Awards 2014 The Lawyer European Awards 2012 Client Service Law Firm of the Year Firm of the Year for Banking & Finance, Restructuring/Corporate Rescue and Distribution and Franchising Most Innovative German Law Firm Kanzlei des Jahres für Bank- & Finanzrecht Kanzlei des Jahres für Restrukturierung/Sanierung Kanzlei des Jahres für Vertrieb Handel Logistik Chambers Europe Awards JUVE Awards 2012 FT Innovative Lawyers

14 YOUR CONTACT Dr. Andreas Butz Rechtsanwalt, Attorney Specialising in Labour Law Head of Employment & Pensions Head Düsseldorf Office T andreas.butz@noerr.com Speditionstraße Düsseldorf Germany 14

15 Alicante Noerr Alicante IP, S.L. Avendia México Alicante Spain T Berlin Charlottenstraße Berlin Germany T Bratislava Noerr s.r.o. AC Diplomat Palisády 29/A Bratislava Slovak Republic T Brussels Boulevard du Régent Brussels Belgium T Bucharest S.P.R.L. Menzer & Bachmann - Noerr Str. General Constantin Budişteanu nr. 28 C, Sector Bucharest Romania T Budapest Noerr & Partners Law Office Fő utca Budapest Hungary T Dresden Paul-Schwarze-Straße Dresden Germany T Düsseldorf Speditionstraße Düsseldorf Germany T Frankfurt am Main Börsenstraße Frankfurt am Main Germany T Kiev Cooperation Partner: TOV Nobles Vul. Khreschatyk, 7/ Kiev Ukraine T London Tower Old Broad Street London EC2N 1HQ United Kingdom T Moscow Noerr OOO 1-ya Brestskaya ul. 29 P.O.B. 247, Moscow Russian Federation T Munich Brienner Straße Munich Germany T New York Representative Office 885 Third Avenue, Suite 2610 New York, NY USA T Prague Noerr s. r. o. Na Poříčí 1079/3a Prague 1 Czech Republic T Warsaw Noerr Sp. z o.o. Spiering Sp. k. Al. Armii Ludowej Warsaw Poland T Noerr 04/ twitter.com/noerrllp xing.com/companies/noerrllp linkedin.com/company/noerr-llp

16 ALICANTE BERLIN BRATISLAVA BRUSSELS BUCHAREST BUDAPEST DRESDEN DÜSSELDORF FRANKFURT/M. LONDON MOSCOW MUNICH NEW YORK PRAGUE WARSAW NOERR.COM