The negotiation and drafting of agreements, as well as their realization with regard to collective bargaining law, co-determination law, and works constitution law - specifically as they relate to changes to organizational structures (reorganization / restructuring) - constitutes one of our core practice areas, which focuses on the actual necessities of the individual case and forgoes ideological determinations.
The primary objective of advice and counsel is not the settling of disputes, but rather the avoidance of disputes from the onset. If, however, disputes cannot be avoided, Küttner will represent its clients in disputes with the respective “opposing party“ and provide nation-wide representation in front of government agencies, works constitution law settlement and arbitration tribunals, as well as in front of all labor and state labor courts, including the German Federal Labor Court and European Court of Justice.
Advice and Counsel
The advice and counsel services of the firm’s attorneys cover all employment law practice areas, as well as related practice areas.
Client and industry focus has resulted in individual specialization in the area of company acquisitions and sales, as well as restructuring, in particular, within the scope of reorganizations, outsourcing and offshore ventures. Küttner provides legal counsel to companies, corporations and groups with respect to the restructuring of company retirement/pension plans, the implementation of new work hours/workweek and remuneration models, performance management systems, implementation and enforcement of compliance and data protection policies, as well as company supervisory co-determination structuring options.
The main areas of advice and counsel include:
Drafting employment and service agreements for board members and managing directors.
Works Constitution Law
Advice and counsel in all areas of works constitution issues, including the drafting of works agreements, reconciliation of interests and social compensation plans, transition agreements, as well as providing support in negotiations with company partners (employer and works council), in particular in conciliation committee proceedings.
Collective Bargaining Law and Labor Dispute Law
Development and conception of collective bargaining agreements, in particular company related arrangements, including the negotiation of collective bargaining agreements with unions, under inclusion of the necessary operational realization and the avoidance of labor dispute measures.
Advice and counsel for the implementation, modification, and adaptation of company retirement/pension plan models, in particular, for the harmonization of retirement / pension systems within the scope of company restructuring and mergers.
Employment Law Accompaniment of Company Acquisitions and Sales
Conception and legal drafting of transactions and restructuring, in particular within the scope of reorganization, outsourcing and offshore ventures. This not only includes the drafting of the correct strategy and the performance of due diligence, but also the preparation and drafting of all agreements, negotiations with the company partners (employer and works council) and with the unions and finally individual employment law-related measures.
Data Protection and Compliance
Development and negotiation of data protection and compliance policies, including whistleblower systems, codes of conduct and codes of ethics. In addition, providing advice and counsel to companies, corporations and groups in matters of corruption and the sanctioning of compliance infringements.
Temporary Employment Law
Temporary employment often constitutes a useful means of managing fluctuating personnel requirements. Küttner develops the corresponding concepts and accompanies the process from planning to the implementation phase.
Company Supervisory Codetermination.
Conception and support in the creation of work constitution and company law compliant structures for the drafting of company supervisory co-determination for all company forms (including the Societas Europaea, SE), as well as providing counsel and the carrying out of status proceedings and negotiations with the corresponding negotiating bodies/committees.
Extensive, solution-oriented advice and counsel in connection with termination of employment and service agreements, including optimization in regards to taxation and social security matters.
An essential component of successful employment law advice and counsel is the effective realization of our clients' interest in court.
Küttner attorneys have longstanding experience in litigation across the nation. The attorneys have litigated in front of all labor courts, higher (state) labor courts, as well as before the Federal Labor Court. In addition, all Küttner attorneys are admitted to appear before all civil, administrative, social and fiscal courts across the nation.
Training / Coaching
The one-day and multi-day trainings for board members; executives, managers, and supervisors with personnel responsibilities, as well as works council members, which can be held internally and externally, are an important and successful field of endeavor for Küttner.
Trainings and seminars are offered for groups and individuals. In addition, Küttner offers targeted coaching measures for negotiation preparation. Küttner is also available to support the involved party during negotiations as a sparring partner to discuss strategic and legal questions.