Prof. Dr. Donato E. Tagliavia
We are aware of the obvious and close relationship between employment issues and the profitability of a business, our services in this sphere are not limited to resolving problems which have already arisen, but also include – and more importantly – guidance and problem prevention. Our broad experience in continuously and personally assisting large, medium and small enterprises allows us to provide a global service capable of detecting potential problems before they arise. This in turn allows us to devise a strategy which minimizes such problems and helps guarantee the viability of the business venture.
Numerous German companies and Spanish companies with German holdings have found and continue to find in our firm the legal resources they need to resolve occasional employment problems or to secure ongoing legal advisory services. In addition to our extensive experience with German clients, our client base covers other jurisdictions, including Austria, Switzerland, Sweden, the Netherlands, the United States, the United Kingdom, France, Italy and Japan.
The legal advice we provide covers all areas of employment, social welfare and workplace safety law. We also have an extensive expertise in Capital Companies advice regarding the contracting of their executive Directors and Managers in order to minimize the risks of possible labor claims against the companies, their parent firms or the economic group to which they belong.
We are experienced in handling proceedings before the employment administration and at all levels of employment court proceedings, including those before the Constitutional Court.
We would especially like to highlight the following employment law services:
- Employment contracts. The drafting and negotiation of employment contracts, temporary contracts and special conditions.
- Senior executives. Special contracts for senior executives, boilerplate clauses, grounds for termination, social welfare benefits, non-disclosure agreements, long-term contracts, and post-termination non-compete agreements.
- Transnational movement of workers. Expatriate workers and workers transferred to alternative work facilities, determination of applicable law, contractual regulation, enrollment with social welfare organizations and payment of contributions.
- Management and organizational abilities. Organizational restructuring, changes and mobility, outsourcing, employment of workers through temporary employment agencies.
- Outsourcing of production. Contracting and subcontracting, risks and liabilities, transfers of workers and outsourcing.
- Control of employment activities. Control systems, rules on the use of electronic mail and on access to and use of internet.
- Drafting of salary structures. Cash and in-kind compensation, stock options, pension plans, share and stock option purchase schemes.
- The organization of working hours. Calendars, hours, shifts and rosters.
- Disciplinary powers. Sanctions and dismissals.
- Intimidation and sexual harassment.
- Employment problems arising from company relocations and restructurings. Acquisition and sale of companies, mergers and spin-offs.
- Businesses in crisis. Individual firings for objective reasons, layoffs, early retirement, incentives for early retirement, welfare benefit reductions, feasibility plans.
- Business conglomerates. Company organization, collective bargaining, workers interest groups, criteria based on case law.
- Collective bargaining. Advice about and spearheading of negotiations, drafting of agreements, challenges to the validity of agreements.
- Collective disputes. Strikes, employer lock-outs, mediation and arbitration.
- Social welfare. Hiring and enrollment of workers, overdraft and liquidation documents and collection proceedings.
- Design and implementation of voluntary improvements. Concessions and negotiation, externalization processes.
- Workplace safety. Duties and obligations, responsibilities and liability of the employer, company directors and executives.
- Sanctions under employment law. Actions for breach, administrative proceedings.
- Employment proceedings. With respect to all matters concerning employment, social welfare and workplace safety, and before all employment and administrative tribunals, as well as before the Constitutional Court.
- Equality plans and reconcilement measures.
- Compliance with Employment Law