German Employment Law for Line Managers

Background

• Sources of employment law – plus similarities and key differences compared to common law jurisdictions.
• Cultural differences in inter-personal relations.
• The German corporate structure and its impact on the management function.
• Key players: trade unions, works councils and employer associations.

Before employment

• The recruitment process – dos and don'ts.
• The contract – offer, terms, clauses, express and implied terms.
• References, what to be aware of.
• Pitfalls to avoid.

During employment

• Probationary period and review.
• Dealing with part-time, agency and fixed-term contract workers.
• Flexible working requests.
• Short and long term absenteeism.

Working with the works council on staff/HR matters

• Information, consultation and co-determination.
• Representation of executives within corporates.
• Works council involvement throughout the lifecycle of the employment relationship.
• Role of works council agreements.
• Role of collective bargaining agreements.

Practical examples of day to day issues

• Poor performance.
• Discrimination.
• Long term sickness.
• Stress.
• Misconduct in and out of work.

Ending the employment realtionship

• General dismissal protection.
• Special dismissal protection.
• Claims and the Employment Court.
• Dismissal reasons and process to follow.
• Settling out of court – Settlement agreements.