Although our advice is aimed at preventing conflicts, legal disputes in the context of employment law are often unavoidable. FPS represents clients before all German courts and the European Court of Justice. In particular, we represent companies in proceedings concerning the legitimacy of trade union industrial action. Besides collective cases, representation also extends to individual dismissal protection proceedings as well as disputes in the areas of remuneration, the Employee Inventions Act, non-compete clauses and discrimination. We also support our clients in works council hearings and in approval procedures before the Integration Office. In addition, our mediators have considerable experience in out-of-court dispute resolution to avoid court proceedings.

Drawing up employment contracts for managing directors and board members as well as work contracts for employees at individual contract law level is one of our main focal areas in the field of employment law. This particularly includes the structuring of bonus and target agreements as well as other special allowances or employee share schemes (stock options, stock appreciation rights, etc.). In addition, we sit down with our clients to come up with tailored, innovative solutions to make working time models more flexible – by way of part-time contracts, working time accounts or fixed-term contracts, for example – and we are also very experienced in handling the termination of employment relationships, whether through dismissal or termination/settlement agreements, and dealing with the resulting issues regarding severance packages, holiday pay or preclusion periods.

FPS provides comprehensive advice on matters concerning works constitution law and employee representation law. Our expertise ranges from verifying the effectiveness of a works council election to dissolving the works council. We inform our clients about the responsibilities and authority of the works council as well as the consequences of failing to participate or incorrectly participating. In addition, we draw up legally compliant letters on a case-by-case basis concerning the involvement of the works council – in cases where there is a works council hearing, for example, in the event of dismissals or when the works council is approving the recruitment or redeployment of employees. In order to avoid the imposing of sanctions as set out in the Works Constitution Act, we also offer training courses on the correct way of dealing with the works council. In doing so, we provide guidance on the relevant standards for the various sections of the works council involved. Furthermore, we are on hand to support the preparation and conducting of proceedings before the arbitration committee.

FPS is the right partner for all restructuring and reorganisation measures, particularly for start-ups. In the planning phase, we find effective solutions in line with employment law, regardless of whether it involves reducing the size of the workforce, avoiding or effecting the transfer of an undertaking or consolidating companies. We conduct negotiations on reconciliation of interests as well as social plans and advise on the establishment of transfer companies together with a corresponding transfer social plan. In addition to providing comprehensive advice on the legal requirements for all measures, we also support the implementation of restructuring plans and advise on all ensuing matters, such as notification of mass redundancies, reduced working hours, redeployments and dismissals with the option of changes to employment conditions. Finally, we also conduct any dismissal protection proceedings.