Labor and Employment Law
michels.pmks offers labor law consulting of the highest quality to companies of all sizes and sectors in Germany. Among our competences is also the assistance to boards of directors, managing directors, managers and employees.
At michels.pmks, matters of labor law are handled by five partners, who are all specialist labor and employment lawyers, as well as two associate lawyers. Dr. Marcus Michels, Markus Pillok, Dr. Gunther Mävers and Ulrich Kortmann have been successfully working together for almost a decade. In 2013, Dr. Jannis Kamann joined the team. Since October 2016, we are positioned even stronger because of the lateral entry of Tilman Isenhardt as a new equity partner.
Almost no other field of labor law is treated as controversially as temporary employment. michels.pmks advises temporary employment agencies as well as companies employing temporary workers on all the attached issues. We represent temporary employment agencies during the procedures for obtaining an operating authorization and help them design the working conditions. Another specialization of our consulting activity is the legally safe application of works contracts. Last but not least, we offer training sessions for HR and sales employees.
The design and negotiation of work time models is one of our core competences. Our goal is to obtain the necessary flexibility along with improving the company’s attractiveness in the increasingly fierce “war for talents”. During negotiations with labor unions or works councils or before the Arbitration Board, we stand by our clients’ side. We also represent our clients’ interests against the workers safety authorities during regulatory and administrative court proceedings.
Termination of service and employment agreements
michels.pmks represents employers and employees before all German Labor Courts. We also negotiate cancellation and settlement agreements for board members and CEOs. Taking into account all the aspects of social and fiscal legislation is natural to us.
Company pension schemes
The Occupational Pension Law is a special field of labor law with relations to insurance, social security and tax law. We assist companies with the implementation, configuration, and modification of occupational pension systems, particularly in cases of transfer of undertakings. The law on public and ecclesiastical supplementary pensions is also one of our consulting focuses.
Company data protection
Data protection plays an increasingly important role in operational practice due to the extensive use of information and communication technologies in every working environment. Both employee representatives and the public are particularly aware of this issue. In addition, the existing federal and European regulations are confusing and scattered. In this complex environment, our clients entrust uswith the formation of the labor regulatory framework for the introduction and application of telecommunications equipment, IT systems and other technologies that affect privacy concerns.
International labor law
michels.pmks assists foreign companies in all labor and employment law matters concerning their activities in Germany. In particular, this refers to the support of market entries (foundation of affiliate companies, the design of work contracts with managing directors and employees, the drafting and adjustment of the Company Policy, etc.), the ongoing labor law assistance concerning all individual and collective labor law issues as well as the consulting on eventually necessary adaptation processes (such as the dismissal of employees, partial closings or liquidation).
In addition, michels.pmks disposes of a considerable expertise in the field of cross-border personnel deployment. This concerns the necessary application for the required residence permit for the purpose of taking up employment as well as the consulting of companies sending personnel abroad.
Finally, we support not only businesses, but also executives in Germany and abroad in all labor law issuesthat arise in the context of cross-border activities.
In this context, we cover the resulting corporate, social security and tax law issues in collaboration with our longtime partners at home and abroad, whom we impartially choose for your best interest.
Ecclesiastical labor law
The labor law of the churches has many peculiarities, in particular concerning collective labor law (the “Third Way”, employee representation rights), but also concerning individual labor law (the special duty of loyalty). For many years, the partners Dr. Marcus Michels and Ulrich Kortmann have been working for numerous church organizations, also but not only from the hospital sector. The focus of the consulting to the church lies on negotiations with employee representatives, the support of cooperation and mergers in the hospital sector as well as the legally safe treatment of supplementary pensions.
M&A and the restructuring of companies
michels.pmks supports companies in planning and implementing restructuring processes and assists negotiations on the reconciliation of interests and redundancy schemes. Our services include project management, preparatory activities, negotiations, the establishment of interim employment companies as well as the handling of mass layoffs, litigation, etc.
In case of corporate acquisitions, we identify the attached labor law risks, inform our clients on the possible options and support them during contract negotiations. If necessary, we call in corporate and tax law experts. To this end, we dispose of a high quality network of corporate and tax lawyers.
Variable remuneration, bonus and profit-sharing schemes
Regulations on variable remuneration are a high priority when drafting contracts or litigating in court. We support our clients in the assertion of and the defense against claims from bonus and commission agreements, profit share and stock option plans as well as during negotiations with works councils or in negotiating company wage agreements.
michels.pmks provides comprehensive consulting on various distribution systems, starting with the drafting of contracts adapted to the client’s interests and the daily implementation as well as the assertion of claims from a contract or its termination. A focus of our activity is the assertion of sales agent indemnification payment claims against oil companies for operators (tenants and owners) of gas stations.