The employment contract of each individual is their starting point – and vitally important to get right. Our lawyers offer advice on terms and conditions and on any unusual or tricky areas, such as non-competition clauses. The better the employment relationship is set up, the better the chances it will continue and thrive.
Our clients sometimes ask our advice when an employee is not performing well enough, or if they suspect wrongdoing by the employee. In a similar vein, there are times when an employee might want to complain or report an issue. In all these situations, there need to be solid policies and procedures in place so that whatever decisions are made are fair, reasoned and justifiable. We advise on workplace policies and strive to ensure they are up to the job - whatever situation arises.
In many jurisdictions, general dissatisfaction with performance is not enough to fulfil the legal requirements for dismissal. But what amounts to ‘just cause’ varies from country to country, which is why it’s important for multinationals to partner with lawyers who can navigate this.
Our employment law experts, from over 50 countries, can help you understand each system’s procedures and protections against dismissal. This includes managing prior warnings and notice periods, gathering evidence about performance, seeking administrative approvals and dealing with the legal impact of carrying out a dismissal.
We work with clients towards to the best outcome – but if it comes to it, we can advise on fair termination and can assist in negotiating terms and settlements, including with the employee’s union.
In this series, we take a global look at the law on working hours, breaks and rest time between work shifts and how it is applied in different countries.
Alexander Ulrich is a partner at Kliemt.HR Lawyers in Germany and Chair of the Ius Laboris Expert Group for Employment Rights.
