Orrick’s 101 – Employment Law in Germany | NEW: The Many Pitfalls of Using Contractors

June.04.2020

Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees.

This is especially true for U.S.-based multinationals not fully familiar with the concepts of co- determination and dismissal protection, both key elements of German employment law and widespread in the EU.

Our 101 on Employment Law in Germany gives a high level overview of key practical issues employers face and should be aware of in order to minimize exposure. While our Employer's Essentials sets out certain key principles all employers should be aware of, our Legal Q&A two pagers will have a closer look and answer the most common questions employers have on specific topics, such as using fixed-term contracts, termination of employment, employee representation, non-compete clauses or contractors.

If you have any questions, feel free to reach out to André Zimmermann, head of our German employment law practice, or your usual contact at Orrick.

Publications

Fixed-Term Contracts Legal Q&A | Fixed-Term Contracts

Given the rather strong dismissal protection in Germany, fixed-term contracts can be a viable option. This Legal Q&A two pager gives an overview of the basics companies need to take into account when considering this option.

Termination Legal Q&A | Termination of Employment

In Germany, employees enjoy rather strong protection against termination of employment. Additionally, there are some form requirements employers must observe. This Q&A two pager gives a basic overview of the termination process in Germany.

Employee Representation Legal Q&A | Employee Representation

German employment law provides for a sophisticated system of employee representation. This Q&A two pager gives an overview on how employee representation is handled in Germany.

Employee Representation Legal Q&A | Non-Compete Clauses

Non-compete clauses can effectively protect the know-how of companies, especially in the tech sector. But their use has its pitfalls, so every employer should at least know the essentials which are covered in this Legal Q&A two pager.

photo of man in business suit walking on tightrope Legal Q&A | The Many Pitfalls of Using Contractors

Incorrectly classifying an employee as a contractor can have considerable effects on the company – from retroactive liability for taxes and social security contributions to reputation damage and even criminal liability of the company's managing directors in certain cases. It is therefore crucial to know the main criteria for determining them correctly, which are covered in this Legal Q&A two pager.

Coming Soon

Legal Q&A | Labor Court Proceedings

Coming Soon

Legal Q&A | Reference Letters