BBL, Transparency.

Employment law specialists for employers: Expert advice for companies

Our lawyers identify custom solutions for complex employment law cases

When employers are confronted with employment law disputes, we support them with tailored consulting. Our long-standing experience protects companies and organisations from legal and economic risks.

The BBL team assists employers in drafting and reviewing employment contracts, represents them before German and international labour courts, and supports them with reorganisations and in critical cases, such as insolvency. Our specialist lawyers offer more than legal advice; they deliver practical solutions to resolve disputes permanently.

Our employment law skills for companies and organisations

Contact an employment law specialist today, and ensure you get legal certainty as an employer.

Contact us today

Multi-award winning team of experts for consulting companies in employment law matters

BBL’s lawyers are advocates for companies and managers in all areas of employment law, and for each mandate the firm assembles a specialist team to engage with the employment law challenges presented by the specific case. The focus here is on tailored solutions matching the specific needs of employers, and addressing current employment law conflicts.

As an experienced mediator between the interests of organisations, employees, and other stakeholders, we ensure the achievement of sustainable, legally sound solutions. As one of Germany’s leading law firms, BBL has a determined focus on special situations, offering companies and managers long-standing experience in successfully overcoming employment law challenges.

Logo:
Logo:
Logo:

The current challenges presented by employment law in Germany

The employment legislation in Germany forms the legal framework for employment relationships, regulating significant aspects such as working hours, protection from dismissal, occupational health and safety, and equality of treatment as a means of guaranteeing the rights of employees and employers alike.
In this respect, employment law is subject to continuous changes both through new statutory rules and by the transformation of working environments, not least due to digitalization and greater flexibilization. Companies are increasingly finding themselves confronted with complex legal issues in which employees’ rights and employers’ needs have to be considered.

Rapid developments in areas such as work-time models, data protection, and the use of new technologies are creating greater complexity. The six current key challenges within German workplaces are described below.

1. - Staffing changes during reorganisations within companies
Staffing changes during reorganisations within companies

Staffing changes are a key issue connected with reorganisations that frequently become necessary due to economic challenges, mergers or strategic realignments. In this context, companies have to consider the legal requirements, including observing the rules on protection from dismissal, and the works council’s rights of co-determination. Social compensation plans and the reconciliation of interests play a decisive role in absorbing the impacts on the affected employees, and for avoiding legal disputes. Transparent communication and careful planning are essential here in order to gain the trust of the workforce, secure a state of calm within the organisation, and successfully arrange the transition. The aim is to implement changes in a legally certain and socially responsible way.

2. - Flexibilisation of working hours and mobile working
Flexibilisation of working hours and mobile working

The flexibilisation of working hours is a key issue in German employment law, especially as mobile working models become ever more commonplace. Digitalisation means that many employees are able to flexibly arrange their working hours and locations. However, this is creating uncertainties about how existing working time laws should be applied to new working methods. The German Working Time Act (Arbeitszeitgesetz, ArbZG) creates particular legal challenges here, in terms of precisely recording working hours in the home office or mobile working settings. Companies have to ensure, irrespective of the flexibility, that employees’ rights remain respected, especially in relation to work breaks and working hours. Innovative solutions such as digital time recording systems are becoming increasingly important in meeting these requirements and preventing legal disputes from occurring.

3. - Data protection and artificial intelligences (AI)
Data protection and artificial intelligences (AI)

Data protection remains another important element of employment law, especially due to the application of the General Data Protection Regulation (GDPR). The act makes it compulsory for companies to process their employees’ personal data responsibly. A new challenge has emerged with the growing use of artificial intelligence (AI) in HR, such as with the analysis of job applications or performance appraisals. AI systems bring numerous advantages but also come with certain data protection risks. Companies must ensure that AI-based decision-making remains transparent and comprehensible and be in line with the GDPR to avoid the risk of unauthorised discrimination or violations of data protection laws. They must also ensure that the use of AI does not violate the privacy of employees.

4. - Anti-discrimination and equality of treatment
Anti-discrimination and equality of treatment

The General Equality of Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) requires employers to prevent discrimination within the workplace and to ensure that all employees enjoy equality of treatment. Despite the progress made in combating discrimination, the implementation of the practical aspects remains confronted by challenges. Recruitment, employee promotion, and salary setting are particularly prone to unconscious discrimination, which can proliferate due to structural inequalities or defective processes. Employers are therefore duty bound to adopt continuous measures to prevent discrimination and encourage an inclusive corporate culture. The use of AI constitutes a growing problem when it is used in recruitment processes or for performance appraisals, and deficient programmes mean that potentially existing biases can become reinforced.

5. - Works council and rights of co-determination
Works council and rights of co-determination

Employees’ rights of co-determination as exercised through the works council comprise an essential element of employment law in Germany. The rights and duties of the works council, as defined in the German Works Constitution Act, present one of the biggest challenges for companies. Particularly when executing reorganisations, mergers, or staff reductions, companies have to ensure they respect the works council’s rights of co-determination without losing the necessary flexibility. This can lead to disputes if, for example, the works council objects to the staffing measures or technological innovations. It can be especially problematic if the works council has to jointly approve the introduction of new technologies, such as the implementation of AI systems, which can result in delays and legal disputes.

6. - Right of termination and severance agreements
Right of termination and severance agreements

The right of termination is a highly complex issue in German employment law, particularly during economically difficult periods. Observing the German Protection Against Dismissal Act (Kündigungsschutzgesetz, KSchG) ensures that employees are protected from arbitrary dismissal, but this can make it challenging for employers to perform terminations of employment in a proper and legally certain manner. Compulsory redundancies, in particular, must be based on a clear and coherent reason in order to pass the scrutiny of the courts. In many cases, severance agreements offer a flexible alternative; however these contracts have to be carefully drafted to avoid future legal disputes. Employers have to be aware that the formulation of severance agreements does not unintentionally jeopardise the rights of employees.

We ensure that employers avoid legal risks in employment law

The high complexity of employment law requires companies to continuously adapt to the shifting working environment. The spread of digitalisation, the increasing use of artificial intelligence, and the flexibilisation of work are confronting employers with new legal issues that must be carefully considered and managed.

The balance between the rights of employees and the needs of companies and organisations remains a key issue. It is only through having a proactive and far-sighted employment law policy that legal challenges can be confronted, while simultaneously creating a fair and just working environment.

Ensure legal certainty as an employer today!

A few of our firm’s glowing references

No matter how long established, or how large. The companies we support are as varied as the people who underpin them.

Our experienced team of experts

One team, one extensive range of know-how. We advise and support companies in crisis situations.

Locations
Position
Language

Why not contact us today?

You can find us at the following locations. Or on-site at any time for a face-to-face consultation.

BBL Brockdorff Rechtsanwaltsgesellschaft mbH
E-Mail: info@bbl-law.com