German Employment Lawyer

Employment and executive agreements, freelancers and false self-employment, staff leasing, termination, and restructuring

As a law firm with a strong focus on nonprofit law and tax law, our German employment law attorneys consider these interrelationships from the outset. We advise clients in Frankfurt and throughout Germany – both nationally and internationally – primarily on the employer side: from businesses to associations, foundations, federations, and nonprofit limited liability companies (gGmbHs), as well as managing directors and executive boards. This enables us, as German employment law attorneys, to identify risks – for example, those arising from unclear employee/freelancer classification or the inappropriate use of nonprofit funds – already at the drafting stage, rather than only during a tax audit.

An employment agreement forms the foundation of every employment relationship and provides the best opportunity to prevent future disputes and claims. For employers and nonprofit organizations, we draft and review:

We take tax and social security law considerations into account from the drafting stage. For nonprofit organizations, we also consider the requirements of German nonprofit law, including the rules governing appropriate compensation for executive board members and managing directors. As part of a regular contract review, we identify areas where agreements need to be amended or further developed before they become a legal risk. We also assist you with contract negotiations, both in Germany and across borders.

Working with independent contractors and freelancers offers flexibility but also involves significant social security risks. If the contractual arrangements and the actual working relationship are not properly aligned, the company may face a finding of employee misclassification, potentially resulting in retroactive social security contribution claims, late-payment surcharges, and, in serious cases, criminal investigations.

For nonprofit organizations, this can become an existential threat: Charitable status does not shield an organization from rigorous scrutiny by the German Pension Insurance (Deutsche Rentenversicherung, DRV) and the German labor and social courts. A finding of false self-employment may even be deemed an improper use of nonprofit funds, potentially jeopardizing the organization's tax-exempt status.

We provide comprehensive advice on employment and social security law when structuring independent contractor and freelance agreements, in status determination proceedings, and in DRV audits, as well as on developing practical, legally compliant engagement models.

When terminating employment relationships, we discuss the available options and potential risks with you, including notice periods, protection against dismissal, and how to respond to an unfair dismissal claim. We also identify alternatives, such as termination agreements and negotiating severance payments. Our primary goal is to avoid lengthy and costly litigation by pursuing economically sound out-of-court solutions. If this is not possible, we represent you before all German labor courts. We also assist you with the termination of cross-border employment relationships.

Whether the matter concerns individual employment relationships or collective employment law issues, we assert your interests in out-of-court negotiations as well as before the German labor courts at all levels, whenever necessary. In matters of collective employment law, we also provide comprehensive, case-specific assistance before conciliation committees and in negotiations concerning works agreements and company-level collective bargaining agreements.

Our employment law attorneys primarily represent employers in Frankfurt and throughout Germany, while also deliberately representing executives and senior employees. Our understanding of the perspective of the opposing side significantly enhances our negotiation strategy and litigation approach. Given the often far-reaching consequences for businesses and organizations and their operations, our goal is always to prevent conflicts from arising in the first place through forward-looking contract drafting and effective negotiation, or to resolve them quickly and sustainably.