
One of the main fields of expertise of the Hackenberg chambers is the extensive support of our clients in all areas of industrial law. In this respect we take action for employees and works committees as well as for employers.
German industrial law consists of a great number of individual laws, which do not necessarily correspond with each other and are of an imprecise terminology, in need of interpretation.
The legal basis of industrial law is still lacking uniformity.
Because of legal loopholes, the labour courts had to try to establish the necessary clear legal principles, by administering justice. Even in present times, valid labour laws are not precise and/or not thought through enough.
Social or political changes are often integrated into law too swiftly, without considering the consequences in their application. Law firms have adjusted to these conditions.
Because of the so called predominant ‘power of judges’ and the given discretionary powers of the industrial tribunals, it is hard to make lawful predictions, before a verdict by the highest court, concerning open questions, exist.
This is why the outcome of different industrial law suits are difficult to predict.
On top of the industrial law there are a number of other lawful contracts like binding tariff contracts, internal company rules as well as the increasing influence of laws of the European Community. Here it is necessary to evaluate each case separately and investigate its contents in order to avoid negative law interpretation.
Thus, in seeking help in industrial law, a client must be able to rely on a law representative with plenty of experience, a good instinct acquired by continuous training and high ambition.
In designing a new contract, it is our main goal to avoid future conflicts in work relationships by creating clear and distinctive rules. In current work relationships the enforcement of the mutual rights is to be ensured. The main goal is a conflict- free relationship for the sake of both, the company and the employee. If conflicts can not be solved, we will work on an appropriate and quick termination of the employment. In accordance with the work council’s rules on notices, the employment will be either continued or, upon the client’s request, terminated and an appropriate compensation will be negotiated. In observance of the company’s constitution, we are striving for an appropriate and lawful execution of the internal company laws, our client’s best interest always in mind.
Our services include an out of court settlement as well as the representation law suit, throughout the entire state of Germany. In the case of links to a foreign country, there will be cooperation with qualified law firms in said country. Concerning our representations in industrial law court we possess great experience on all industrial court levels, starting from local Industrial Law Courts, to State Industrial Law Courts, all the way up to the Highest Federal Industrial Law Court. On op of this, the Hackenberg chambers are highly experienced in the representation of work counsels in line with restructurings of retail as well as producing companies and the connected negotiations on interest- or social compensations. This is a very special matter with far reaching economic consequences.
Within the industrial law we offer the following services:
- Design of work contracts, concerning all types of employments
- Additional agreements to work contracts (e.g. no-competition rules, company cars, company loans, company supported retirement plans, …)
- Correspondence and conflict solving in connection with employment (e.g. overdue salary, income tariff, cutting or reducing of gratifications, compensations, liabilities of employer, work accidents, traffic problems within the industrial law, POV and work laws, laws concerning handicaps, lawfulness of job transfers, leave laws, letters of reprimands, evaluation conflicts)
- Representation of employees in notice actions
- Preparations for employers in notice actions and representation in connected law suits
- Design of application- and termination contracts in regard of tax and social insurance laws
- Design of part time contracts due to old age
- Design of internal company agreements on the right of codetermination and the work councel’s right
- Design of compensation contracts for interest- and social plans in connection with Restructurings or closings of companies
- Representations of work counsels and employers in industrial law agreements
- Tariff laws
- Correspondence with legal protection insurances