LABOUR & SOCIAL LAW

“Rights and duties create clear rules and are the foundation for a good working relationship. They ensure constructive cooperation and thereby business success. We advise employees and employers – SMEs in the Lake Constance area as well as international corporations – on all aspects of individual and collective labour and social law.”

AREAS OF FOCUS

  • Individual labour law
  • Working time law
  • Representation in labour court proceedings
  • Industrial constitution law
  • European labour and social law
  • Social security regress

Alexander Wittwer

Partner

Simone Rädler

Partner

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Alexander Wittwer

Simone Rädler

Labour & social affairs

Changes in the law, recent court decisions and an evaluation of the effects on the relationship between employees and employers require constant monitoring of the subject matter. We advise you competently and draw up the appropriate contracts for different employment relationships. This creates an optimal basis for working professionally and preventing disputes. If, however, the conflict can no longer be avoided, we represent both employees and employers in labour court litigation in all matters. One of our core competencies is legal advice and support for companies in cross-border employment relationships. In the area of social law, our expertise focuses on litigation in social insurance recovery cases such as those arising from skiing accidents, medical errors or traffic accidents, as well as on the defence and assertion of claims for damages.

Specialist area

Labour & Social law

INDIVIDUAL LABOUR LAW

Our expertise covers all areas of individual labour law, such as employment contracts, the “Austrification” of foreign employment contracts, agreements in connection with the transfer of businesses, advice on the classification of collective agreements and the associated avoidance of wage and social dumping. Furthermore, we are happy to assist you with questions regarding target agreements and performance-related compensation, company pension agreements, staff reductions and company closures (downsizing), as well as the drafting of competition clauses, non-disclosure agreements and the termination of employment relationships (notice, dismissal or amicable termination).

 

WORKING TIME LAW

In the area of working time law, we support you in the flexibilisation of working hours, flexitime agreements, all-inclusive agreements, all-in salaries, overtime agreements, partial retirement agreements, part-time work and overtime as well as the compensation of overtime.

 

REPRESENTATION IN LABOUR COURT PROCEEDINGS

Our areas of expertise include labour court litigation in all matters, in particular in the assertion of overtime claims, termination and dismissal appeal proceedings, as well as advice and representation in the event of termination of employment relationships where special protection against termination and dismissal exists (pregnant women, mothers, fathers, parental leave, works councils, etc.) We also represent you in administrative criminal proceedings, in particular under the Working Hours Act (Arbeitszeitgesetz), Closedown Act (Arbeitsruhegesetz), Employment of Foreign Nationals Act (Ausländerbeschäftigungsgesetz), Employee Protection Act (Arbeitnehmerschutzgesetz) and the Wage and Social Dumping Act (Lohn- und Sozialdumpingbekämpfungsgesetz, LSD-BG).

INDUSTRIAL CONSTITUTION LAW

We are also at your side with advice and support for works council elections. The area of industrial constitution law also includes works agreements, in particular on control measures and control systems, personnel data systems, employee appraisals, secondment, company pension schemes, working hours and flexitime, shift plans and social plans.

 

EUROPEAN LABOUR AND SOCIAL LAW

One of our core competencies is the provision of legal advice and support to companies in cross-border employment relationships, in particular with regard to applicable employment contract law and applicable social law, the cross-border deployment of employees as well as secondment.