Labour law, unfortunately, has not been organised neatly in legal code. Aside from individual company policies reflected in work contracts, collective bargaining agreements and corporate practice, labour policy has been codified in a wide array of individual laws and ordinances – and even in the constitution.
These regulations are often worded in cloudy language – far more so than in other areas of law. And to complicate matters: Even those directives that appear to be clearly worded are often interpreted differently by the courts, often in order to conform to EU guidelines. In light of this, the precise knowledge of the complex range of legal norms and case decisions we offer is indispensable. It is the foundation upon which our business clients can organise their companies’ structures securely and efficiently.
The notion that employees are almost always favoured in labour law disputes never seems to die. But it is a myth. As are many other beliefs, i.e. that a work contract cannot be terminated because of illness, that three warnings are required before terminating an employee for bad behaviour, or that a severance package must always be offered.
What is true is that psychology plays a major role in labour law disputes – whether you are negotiating with the employee or the works council, arbitrating or pleading a case in court, or dealing with equal opportunity boards, health and safety authorities or the federal employment agency. As attorneys for enterprise, we know both corporate reality and the views of judges and administrators. We know the positions of both employers and employees. And we have not only training and experience, but also deep understanding necessary to help you achieve optimal results and safeguard your company’s efficiency.
Our role is clear: to leave you as much room to manoeuvre as the law allows. And that room is bigger than many people think.