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2 years ago

Employment & Pensions

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  • Employment
  • Noerr
  • Pensions
  • Germany
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  • Restructuring
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NOERR_EMPLOYMENT &

NOERR_EMPLOYMENT & PENSIONS 4

EMPLOYMENT & PENSIONS_NOERR The dynamics of globalised markets and progressing digitalisation require companies to make constant changes: structural reorganisations achieved by transactions, restructuring, outsourcing and other organisational measures intended to ensure scope for entrepreneurial action, such as optimising cost structures by flexibly assigning employees (including temporary workers) or outsourcing pension commitments. Only companies that are responsive to change will remain competitive in the long term and be in a position to take advantage of opportunities on the market. The increasing digitalisation of the world of work calls for innovative and precise structuring of employment relationships, whether on an individual or collective contractual basis. Mobile and/or virtual workstations and shifts toward cloud environments have to be designed to be flexible and at the same time provide secure protection of data and knowhow. Effective personnel management is another important factor determining whether companies are successful: modern working-time models, appropriate incentive systems to encourage talent and performance or compliance handbooks to make sure that people act coherently and consistently – tailoring these to the specific needs of the company contributes significantly to the success of the business and helps avoid risks and unnecessary costs. Apart from this, employment law reforms and the case law of the German Federal Labour Court naturally create a continual need to update. Some of the latest examples include the increase in the minimum wage, new legislation on the use of temporary agency workers, reforms to contracts for work and services, and the Federal Labour Court’s decisions on mass redundancies. Companies not only have to observe and respond to these rules from the point of view of compliance; they should also systematically take the opportunity to structure their business in a forward-looking and proactive way. As a rule, unions and employee representatives and/or works constitution bodies cannot simply be ignored where these subjects are concerned. This means that negotiating skills are called for. If an employment law dispute turns out to be unavoidable, our experienced litigators are able to effectively reduce the pressure on companies. 5 / YOUR CHALLENGES

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