Tailored advice on works council law

Many companies have a works council. Collaboration with the works council is then a key factor for business success – especially during change processes. addworx legal advises management and HR leaders on all questions of works council law – strategically, with legal certainty, and with practical focus. With many years of experience, in-depth knowledge of co-determination, and strong negotiation skills, we support you in shaping operational processes.

Our services at a glance

Works council topics affect almost all change processes in a company – from new IT systems to flexible working time models. We support you in drafting works agreements, negotiating with the works council, and representing you in conciliation committee proceedings. We always keep the company’s strategic objectives in view.

Typical advisory fields:

• Introducing IT systems
• Implementing flexible working time models
• Shaping New Work (agile ways of working, working from home, remote work, etc.)
• Drafting and negotiating works agreements
• Preparing and supporting conciliation committee proceedings
• Tactical advice to avoid escalation
• Clarifying responsibilities and limits of co-determination

Every company is different – every negotiation too

When dealing with a works council, there is no one-size-fits-all approach. Successful negotiation requires understanding internal dynamics, assessing the works council accurately, and staying flexible. Our team provides the legal clarity and strategic judgment that complex negotiations require.

Why addworx legal?

• Many years of experience advising on works council law
• Combination of expertise, tactical advice, and negotiation leadership
• Clear, solution-oriented communication – even in conflict situations
• High success rate in conciliation committee proceedings

Employment law advice for public sector employers

We advise public sector employers on all issues relating to public sector employment law. Essentially, this involves classic employment law issues such as dismissals, organizational changes, and internal conflicts. However, special legal regulations apply in the public sector. Federal and/or state law, staff council participation rights, and equality laws must be complied with. Special deadlines and procedures must be observed.

Employment law in the public sector

The facts often differ only slightly from those in the private sector. However, the legal framework is different. In some cases, special federal or state regulations apply. Equality laws regulate specific procedures and reporting obligations. Staff representation law is structured differently at the state and federal level and differs from works council law under the Works Constitution Act (BetrVG). However, the resulting requirements must be complied with. This is where our consulting services come in. We clearly classify the respective measure within this legal framework and carry out the necessary steps under employment law in a legally compliant manner.

Typical areas include:

• Advice on staff representation law and co-determination issues
• Preparation of staff council hearings, dismissals, and other measures
• Collective bargaining law (TVöD, TV-L, and sectoral collective agreements in the public sector)
• Service agreements and their application in practice
• Negotiations with staff councils and trade unions
• Support during organizational changes
• Questions regarding remuneration and benefits under VBL (Versorgungsanstalt des Bundes und der Länder)
• Advice on requirements under equality legislation

Clients

We advise public institutions, foundations, publicly owned companies, hospitals, church-run institutions, and public administrations.

Why addworx legal?

• Experience in public sector employment law
• Clear classification instead of formal over-compliance
• Structured procedures instead of unnecessary escalation
• Support in complex or time-critical situations

Employment law compliance advice with practical relevance

Legal requirements and public expectations regarding employment law due diligence are steadily increasing. addworx legal advises companies on building effective compliance structures, implementing the German Whistleblower Protection Act (HinSchG), and responding to internal reports in a legally sound way – for example, in cases of discrimination, misconduct, or other employment law-related indications. Our advice is practical, robust, and aligned with operational processes.

Our services at a glance

We support companies in implementing legal obligations in the compliance area – with processes and measures that are legally robust and operationally workable. Our goal: meet requirements, avoid risks, and run procedures efficiently.

Typical advisory fields:

• Implementing and reviewing employment law compliance systems
• Implementing the German Whistleblower Protection Act (whistleblowing systems)
• Advice in suspected cases (discrimination, sexual harassment, fraud)
• Training for managers and HR professionals
• Drafting internal policies and procedural guidelines
• Supporting internal investigations and employment law measures

Compliance that truly works

We know that an effective compliance system must fit the company – in substance, structure, and operations. Our advice is designed to connect legal requirements with practical solutions. We help you identify risks, define procedures clearly, and assign responsibilities with legal certainty – without unnecessary formalism or overregulation.

Why addworx legal?

• Many years of experience advising on employment law compliance
• Comprehensive support from risk analysis to implementation
• Practice-oriented concepts instead of complex one-size-fits-all programs
• Clear recommendations that can be implemented in day-to-day operations

Identify risks, avoid mistakes – advice on social security law

Bogus self-employment, status determinations, and payroll audits are topics many companies underestimate. addworx legal advises employers on all social security law matters – strategically, with legal certainty, and with the necessary understanding of complex contractual relationships.

Our services at a glance

We support companies in assessing social security law implications of contractual relationships with freelancers and external specialists, review existing structures, and assist in status determination and audit proceedings.

Our goal: identify risks early, avoid typical mistakes, and respond in a structured way if issues arise.

Typical advisory fields:

• Reviewing for bogus self-employment and social security classification
• Support in status determination proceedings (German Pension Insurance)
• Assessing contractual structures with regard to mandatory social insurance
• Support during audits by the pension insurance
• Assessing potential risks related to disguised temporary agency work
• Reviewing and documenting prior contractual relationships

Case-by-case analysis instead of standard solutions

In social security law, there are no blanket answers. Legal classification depends on the specific facts – and on how clearly the individual’s role is defined, documented, and implemented in practice. addworx legal helps you develop sustainable and legally robust solutions, assess risks realistically, and, when in doubt, enter status determination proceedings or an audit well prepared.

Why addworx legal?

• Many years of experience with status determinations, audits, and risk assessments
• Individual review of each matter – no one-size-fits-all templates
• Early risk analysis for new contractual structures
• Clear recommendations – even in sensitive situations

Avoid employment law risks in transactions and reorganizations

Whether a company sale or purchase, transfer of business, or corporate reorganization – employment law is a key factor for success. addworx legal advises employers on all employment law issues relating to acquisitions, divestments, and reorganizations – precisely, forward-looking, and with many years of experience.

Our services at a glance

We support national and international transactions in all phases – from due diligence and structuring to implementation. A particular focus is the review of employment law risks and the legally sound structuring of transfers of business, including liability risks, information obligations, and communication within the company.

Typical advisory fields:

• Employment law support for due diligence reviews
• Advice on transfers of business under Section 613a of the German Civil Code (BGB)
• Drafting and reviewing employment law clauses in share purchase agreements, e.g., employment law warranties
• Advice on corporate reorganizations within groups
• Coordination and negotiation with works councils, conciliation committees, and trade unions
• Support with communication to the workforce
• Representation in employment disputes related to transactions or transfers of business

Identify employment law risks – structure transactions

Employment law issues often determine whether a transaction succeeds – or fails. Risks from bogus self-employment or disguised temporary agency work, or from corporate co-determination, can be just as relevant as questions regarding the continued applicability of collective bargaining agreements, generally binding agreements, or works agreements. addworx legal helps assess relevant risks realistically, create clear structures, and develop legally sustainable solutions – with the goal of making transactions possible.

Why addworx legal?

• Many years of experience supporting transactions from an employment law perspective – both on the buy-side and sell-side
• Practice-oriented risk analysis and mitigation through appropriate deal documentation
• Close cooperation with other advising firms
• High sensitivity to political, economic, and communication dynamics

Legal certainty for the new, expanded world of work

Remote work, working from home, and international assignments are creating new challenges for many companies – also because domestic employment law still reflects key practical developments only incompletely. addworx legal advises employers on implementing flexible work models in a legally sound way – always tailored to operational realities and business objectives.

Our services at a glance

New Work affects core questions of corporate organization – from flexible reporting lines to employment contract provisions for remote work domestically and abroad. addworx legal advises employers on implementing these changes – with a pragmatic, legally sound approach.

Typical advisory fields:

• Designing remote work, working from home, and hybrid models
• Employment law arrangements for international assignments (e.g., postings)
• Introducing flexible working time models (trust-based working hours, time recording obligations)
• Updating employment contracts and internal policies
• Support when introducing digital tools and software solutions
• Advice on co-determination issues when work organization changes

Flexibility needs legal structure

Many companies find themselves between returning to the office and the desire for greater freedom in working time and place. We help regulate these challenges clearly – with measured but binding solutions. Whether permanent remote work, project-based work abroad, or introducing new technologies: addworx legal ensures that modern work arrangements are structured in a legally sustainable way – also taking into account works council and data protection aspects.

Why addworx legal?

• Experienced advice on remote work arrangements and international assignments
• Legally robust implementation of flexibility models
• High sensitivity to organizational, tax, and co-determination risks
• Clearly structured advice for HR and company leadership

Employment law advice with greater planning certainty

Companies facing far-reaching change need experienced and specialized employment law support. addworx legal advises on all employment law issues relating to restructurings, workforce reductions, transfers of business, and insolvency. In restructuring situations, our contacts are often management board members, managing directors, HR directors, commercial directors, or external advisors to the company. With comprehensive expertise, rapid understanding of commercial contexts, and decades of experience, we develop solutions that are legally sound and practical – tailored to your organization.

Our services at a glance

Every restructuring is unique. addworx legal supports your company at all stages – from strategic planning to implementation in court. We quickly analyze the starting point, identify room to maneuver, and develop sustainable employment law concepts – aligned with your commercial objectives.

Typical advisory fields:

• Advice on workforce reductions, reconciliation of interests, and social plans
• Structuring and supporting transfers of business
• Employment law advice in insolvency proceedings
• Support with asset deals out of insolvency
• Representation before the labor courts, up to and including the Federal Labor Court
• Strategic consulting

Act early – better outcomes, greater planning certainty

Early employment law advice is critical to the success of any restructuring. If legal counsel is involved too late, costly mistakes, unnecessary escalation with works councils, or lengthy proceedings before the labor courts may follow. addworx legal helps you set the course early, minimize risks, and achieve your business goals efficiently.

Typical mistakes in restructurings – and how we avoid them

Many companies struggle due to insufficient preparation or unclear communication in the restructuring process. Frequent mistakes include:

• Lack of alignment with the works council when reducing staff
• Insufficient documentation of social selection criteria
• Procedural errors in mass dismissal notifications
• Failure to observe employment law specificities in transfers of business

addworx legal helps you identify such pitfalls early and avoid them with legal certainty – for a restructuring that holds up not only commercially, but also legally.

Why addworx legal?

• Many years of experience supporting restructurings under employment law
• Market-recognized expertise in workforce reductions and insolvency-related employment law
• Tactical negotiation management with works councils and conciliation committees
• Legally sound support through all procedural stages – up to the Federal Labor Court

Confident solutions under significant time and public pressure

Collective bargaining agreements define key working conditions in many companies – from compensation to working time. addworx legal advises employers on all matters of collective bargaining law. With many years of employment law experience and a sure instinct for complex negotiations, we develop legally robust and strategically sound solutions – even under significant time or public pressure.

Our services at a glance

Demands for collective bargaining coverage, the need to amend agreements, or the wish to avoid collective bargaining coverage (where possible) often pose strategic and legal challenges. addworx legal advises you comprehensively on all questions of collective bargaining law – including negotiations with trade unions.

Typical advisory fields:

• Introducing, interpreting, and amending collective bargaining agreements
• Drafting industry-wide agreements or company-level agreements
• Preparing negotiations with trade unions
• Legal assessment of industrial action situations (strikes)
• Support during collective bargaining disputes
• Advice on avoiding collective bargaining coverage (where possible)

Managing industrial action with legal certainty

Even if industrial action is not the norm: when it arises, swift and considered action is required. We advise you ahead of potential disputes, assess the legality of industrial action situations – for example, strike threats or strikes already underway. We guide you through the conflict and negotiations – calmly, strategically, and with a clear view of your business interests.

Why addworx legal?

• Experience supporting collective bargaining negotiations and industrial action situations
• Expertise in collective bargaining law, including sensitive conflict situations
• Clear recommendations – not only legally correct, but realistically implementable
• Willingness to further develop this practice area with you

Advice on supervisory board requirements and organizational structure

Co-determination in corporate bodies is a central and often underestimated challenge – especially in growing corporate structures, conversions, or cross-border mergers. addworx legal advises employers on all issues related to corporate co-determination – for example, when a co-determined supervisory board must be established.

Our services at a glance

We support companies in all phases of co-determination matters: in assessing whether the company is subject to co-determination requirements – whether under the One-Third Participation Act from 501 employees or under the Co-Determination Act from 2,001 employees – in planned SE formations and mergers, in status proceedings, and in upcoming supervisory board elections. Our focus is on clear legal analysis, strategic planning, and developing sustainable solutions – even in complex group structures.

Typical advisory fields:

• Assessing co-determination requirements under the One-Third Participation Act and the Co-Determination Act
• Advice on the allocation of employees within the group or in joint ventures
• Strategic support for conversion into a European Company (SE)
• Assessing co-determination consequences in mergers and cross-border reorganizations
• Support in status proceedings and litigation
• Support in preparing and conducting supervisory board elections

Co-determination – legally sound, strategically structured

Whether co-determination requirements apply depends not only on headcount. Corporate structure, attribution within groups, and the design of planned conversions are also decisive. We advise when co-determination duties arise – or are to be avoided, for example, through SE structures. We also represent your interests in status proceedings or threatened lawsuits and support the legally sound design of your corporate governance structure.

Why addworx legal?

• Specialized expertise in corporate co-determination and SE structuring advice
• Many years of experience with status proceedings and court representation
• Strategic support in complex conversion processes
• Advising at eye level with corporate law firms

Tailored solutions across all company phases

Compensation is more than salary. Companies today use variable compensation models, participation programs, and retention incentives to promote performance, retain experienced specialists and leaders, or support change processes. addworx legal advises employers on the legal design of such systems – individualized, forward-looking, and grounded in business reality.

Our services at a glance

Whether retention bonuses, virtual equity, or exit incentives – we help you structure incentive systems with legal certainty and identify risks early. We combine employment law expertise with a clear view of collective law requirements, co-determination obligations, and practical implementation.

Typical advisory fields:

• Designing loyalty and retention bonuses
• Repayment clauses and cliff-date provisions
• Virtual participation programs and review of vesting models under which employees acquire entitlements gradually over a defined period
• Exit bonuses, transaction bonuses, and long-term variable compensation
• Defining performance criteria and financial metrics
• Integrating collective law aspects where co-determination applies
• Reviewing transparency and equal treatment requirements
• Support with communication to executives and works councils

Compensation with strategy – not with risk

Many compensation models appear motivating at first glance – but lead to problems if legal details are overlooked. Unclear terms, missing definitions (for example, regarding financial metrics), impermissible clawback clauses, or overlooked co-determination rights can make programs vulnerable.
We advise early in the development process, review existing models, and help you achieve your goals pragmatically and in compliance with the law – also in light of pay transparency requirements.

Why addworx legal?

• Deep experience with bonus models, participation systems, and variable compensation
• Advice at the intersection of employment law, corporate law, and business practice
• High sensitivity to risks in communication and implementation
• Structured support for negotiations with executives and works councils

International employment law advice

International business activity brings complex employment law questions – especially at the interfaces between different legal systems. addworx legal advises employers on cross-border employment law matters, particularly in connection with restructurings, international corporate structures, and cooperation with affiliated companies abroad.

Our services at a glance

We support companies on all employment law issues that arise in an international context – legally precise, culturally sensitive, and with an understanding of different legal systems. We keep German employment law in view and, where needed, draw on the ELLINT network (Employment & Labor Lawyers International) – a global association of independent employment law firms with a strong presence in Europe.

Typical advisory fields:

• Employment law support for cross-border restructurings
• Advice on international relocations and establishment-related issues
• Harmonizing employment law standards within corporate groups
• Support in building cross-border corporate structures – for example, forming a European Company (SE)
• Assessment of international equity participation plans
• Comparative law advice in cooperation with foreign subsidiaries
• Employment law support for postings, cross-border work, and contract drafting

Clarity in international employment law – legally secure, culturally sensitive

What is mandatory in Germany may be only recommended elsewhere – or simply uncommon. We help identify differences, assess risks realistically, and develop workable solutions. We keep German employment law in mind, while also considering local frameworks and expectations.

addworx. egal stands for legally sound advice that respects cultural differences – and enables solutions that work internationally.

Why addworx legal?

• Many years of experience in cross-border employment law advice
• Access to an international network of experienced employment lawyers (ELLINT)
• Comparative law perspective for international projects
• Clear communication, intercultural sensitivity, pragmatic solutions

Tailored advice creates room to maneuver

Engaging external personnel is legally highly sensitive – especially when it involves service contracts, contracts for work, freelancers, or temporary agency work. addworx legal advises employers on planning and implementing third-party personnel engagements in a legally sound way – covering contract design, day-to-day execution, and co-determination within the business.

Our services at a glance

We support companies in using external workers in a legally compliant way – whether for project work, long-term cooperation, or short-term capacity gaps. The aim is to identify and avoid risks such as bogus self-employment, disguised temporary agency work, or violations of works council law early.

Typical advisory fields:

• Reviewing and drafting service contracts and contracts for work
• Delineation from temporary agency work and bogus self-employment
• Advice on engagement conditions for freelancers and subcontractors
• Works council participation rights when using external personnel
• Support in negotiations with works councils
• Support with works agreements and conciliation committee proceedings
• Legal analysis of actual deployment practices within the company

Understand risks – use room to maneuver

In third-party engagements, it is not only the contracts that matter, but also day-to-day practice. Many legal risks arise from unclear processes, insufficient documentation, or vague responsibilities. addworx legal helps you define the legal framework clearly, organize internal processes compliantly, and address works council co-determination early. This helps avoid later conflicts – including with the statutory pension insurance or tax authorities.

Why addworx legal?

• Many years of experience advising on third-party personnel engagements
• Clearly structured risk analyses and practical recommendations
• Experienced representation in negotiations with works councils and in conciliation committee proceedings
• Advice with an eye on compliance, liability, and reputational risk