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Employment Law
When an employment relationship ends after a long period or a termination is issued, you, as an employee, typically receive a severance payment – a one-time lump sum. You want to receive compensation for your loyalty to the company and especially for the loss of your job. Older individuals, in particular, often find it challenging to secure a new job immediately after leaving. Therefore, severance pay is crucial for social security – and its amount is negotiable. It is up to you to get the best possible outcome for yourself. The right negotiation technique is of great importance, not only to secure a favorable outcome but also to avoid a nerve-wracking legal dispute. We can help you with this: Our employment law attorneys ensure that you get what you deserve and negotiate with your employer on severance pay.
Labor law is a very dynamic field: due to the frequent personal connections, disputes often arise between employees and employers. Since these conflicts are usually resolved in labor courts, the specifics of the labor court process must be considered. The employee must bear the costs of legal representation in the first instance. Therefore, it is essential to carefully assess the chances of success in advance. The foundation for a labor court case is an optimal balance between compelling arguments and tactical approach. Our expert team of experienced and competent labor law attorneys is ready to support you in any process before the labor courts.
The essential duties of employees and employers are regulated in the employment contract: scope of work, working hours, type and amount of remuneration, vacation regulations, etc. However, the document often contains many difficult-to-understand clauses. Therefore, it is not always immediately clear whether everything written in the employment contract can actually be enforced.Unclear formulations hinder cooperation and simultaneously increase the risk of legal disputes. We help you navigate the jungle of words: Our competent and experienced labor law attorneys review your existing contracts for disadvantageous or ineffective clauses. With our individualized recommendations, you can effectively protect yourself.
When applying for a new job, you are generally required to provide your most recent employment references. Employers can gain a meaningful impression of you from these references. Since it can determine your career advancement, it is important that this reference is both favorable and truthful, accurately reflecting your actual abilities.Are you dissatisfied with your reference? Are you aware of the "codes" used in employment references? Is your reference truly as positive as it appears?Our labor law attorneys are happy to review it for you: We will go through your documents with you and inform you about misleading formulations. If you have not been evaluated truthfully, we will request a new, performance-based reference from your employer on your behalf.
Can your boss require you to work overtime or even on weekends? The Working Hours Act sets binding regulations and limits that employers must follow. Additionally, they must monitor compliance with these regulations.The law grants employees rights and serves both their safety and health protection. However, reality often looks different: rest and break times are frequently ignored, resulting in overtime that sometimes goes unpaid.If you are also overwhelmed by unlawful extra work, come to us: Our labor law attorneys are happy to advise you. We will answer all your questions and represent your claims – both out of court and in court.
Works councils represent the employees of a company. Therefore, they must be well-informed about co-determination and participation rights.We offer the necessary training for this purpose. Additionally, we provide you, as a works council, with advice on all questions of collective labor law – from company agreements to participation rights. Our focus is on fostering a healthy relationship with employers. We always strive to find the best outcome for the workforce.
A termination is often a shock, especially when it is unexpected. However, it is important to stay calm. You can fight back: after receiving a termination notice, you have three weeks to file a dismissal protection lawsuit.Under dismissal protection law, a social justification is usually required for a termination. Even if you understandably no longer wish to work for the company after being dismissed, a dismissal protection lawsuit can still offer you prospects for a severance payment.Contact us: We will review your individual case. Our labor law attorneys will fight for your rights and pursue your goals, whether outside or inside the courtroom.
In an employment relationship, employees commit to performing their work, and employers agree to pay the agreed-upon wage. What seems simple in theory often doesn't happen in practice: employers often find themselves in a stronger position in conflicts and do not pay the agreed compensation. Employees are then often forced to file a wage claim with the labor court to demand the owed compensation.The whole process is more than nerve-wracking for you as an employee – and as if that weren't enough, additional hurdles arise: deadlines must be met, and the amount of compensation must be calculated. This can be very complex with a variable wage: to calculate the specific wage claim, it may first be necessary to demand information through legal action.We support you in this process: Our labor law attorneys will file the wage claim for you, handle everything necessary, and ensure that you receive the compensation you are entitled to.
Employment law also protects employees during family-related leave, e.g. if you are pregnant, go on maternity leave or apply for parental leave. During this phase in which you are not working, both your income and your job must still be secure until you return. We will support you throughout the entire process and take care of all the necessary measures for you: from the necessary notifications to the employer to applying for parental leave to your return to work. Our employment lawyers will ensure that everything runs smoothly and will consistently enforce your legal claims.
Vacation should be used to recover from work. The statutory vacation entitlement for a 5-day week is at least 20 working days. Many collective agreements or employment contracts also regulate additional vacation entitlements, but when do such entitlements actually arise? Can you be contacted during your vacation? How are remaining vacation days compensated when an employment relationship ends? Can unused vacation days be forfeited? The case law on vacation law is constantly changing. Thanks to years of experience and their daily work, our employment lawyers are experts in this field. We will review your employment contract and advise and represent you in the event of any difficulties.
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Partner, lawyer, specialist lawyer for construction and architectural law, specialist lawyer for employment law
If you are financing the acquisition of the aircraft through a loan or leasing arrangement, we can optimally advise you on the transaction. This includes drafting and negotiating a financing agreement suitable for your purposes, as well as addressing potential liens and other security arrangements.
Additionally, we coordinate the processes between you as the buyer, your bank, sellers, and operators. We ensure that the requirements of the credit institution for loan disbursement can be met so that the purchase price can be paid upon the technical acceptance and delivery of your business jet.
Our team has advised on aircraft financing worth 5.6 billion EUR. Moreover, we collaborate with the experienced and ideal partners.
When buying and selling aircraft from and to the European Union, import sales taxes and customs duties may apply. This must be properly declared as soon as the aircraft lands at the first customs airport. Otherwise, your VAT refund could be jeopardized when the aircraft is used for business purposes and, depending on where it is handed over, further transaction duties may be incurred. Based on our many years of experience with the export and import of aircraft, we optimize both your transaction and the handover of your business jet.
For the registration of your aircraft, you need to complete and submit numerous documents. Whether you want to register your business jet under the flag of the Channel Islands, the Virgin Islands, or with the Luftfahrt-Bundesamt (LBA) in Braunschweig, Germany – we advise and assist you in preparing the necessary documentation and registration.
Often, Owners are lacking the knowhow to maintain an aircraft in compliance with the regulations of the EASA (European Union Aviation Safety Agency) and the LBA (Luftfahrt-Bundesamt, German Federal Aviation Office), and let their aircraft be manageged by an AOC. If you decide to operate your aircraft through such an operator, this involves a variety of legal and economic questions. We assist you in answering these questions and in drafting the contracts.
We examine both the legal permissibility and the tax implications – depending on your intended owner flights, third-party charter for cost reduction, use for company transport within the group, or shared use with other co-owners. This includes topics such as VAT exemption, fuel tax, or operating costs as deductible expenses in special purpose entities.Additionally, we handle the mediation of optimal partners as well as the creation of the necessary contractual documentation for you. For example, in the use of a foreign Air Operator Certificate (AOC) or the implementation of the Continuing Airworthiness Management Organisation (CAMO).
For many owners and operators of business aircraft, as well as their legal advisors, neither the purchase nor the sale of the aircraft is part of their daily business. The risk of overlooking pitfalls in unfamiliar territory is high. Therefore, we take care of the smooth execution of the transaction.
Our advisory goal is to protect and represent your interests. This means more than just the concrete planning and documentation of the transaction: creative solutions must be developed, and the deal must be quickly brought to a close without getting bogged down in potential side issues. We accompany you every step of the way: from advising on technical questions before the purchase to tax issues and customs clearance.
We are at your service 24/7 to quickly complete your transaction. With over 150 transactions completed, we have a wealth of experience. Thanks to a fee cap and regular cost updates, you always have an overview of your cost volume with us. Additionally, we collaborate with Germany's largest independent aircraft broker: BAS – Business Aviation Services.
To separate liability, aircraft are often not operated within the owner's operational company but through dedicated holding entities. Together with our notaries, we provide all the necessary services from a single source, guiding you through the entire process—from establishing a national or international special purpose company to legally connecting it with the aircraft owners.
Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law
Aircraft Damage Claims
When aircraft sustain damage, legal disputes with insurers can quickly arise. For instance, if a pilot makes errors during flight preparation leading to an accident, liability insurers may hold the pilot accountable, or hull insurers may refuse coverage due to alleged gross negligence. These cases often require judicial clarification to determine whether safety regulations were violated. Successfully asserting claims against insurers demands in-depth expertise in aviation and insurance law.
Aircraft Damage Claims
Wet-leasing, or ACMI leasing, involving the charter of aircraft along with crew, maintenance, and insurance, has become a critical operational model. Due to fluctuating and often short-term capacity needs of commercial airlines, coupled with supply chain delays from aircraft manufacturers, various forms of wet-leases have emerged to cater to these individual requirements. We tailor contracts to your specific needs, focusing particularly on ensuring quality standards regarding maintenance, crew qualifications, and financial security through performance guarantees.
Aircraft Leasing Agreements
In recent decades, the aircraft leasing market has experienced significant growth. Large leasing providers offer aircraft to commercial airlines in various forms under complex and extensive contracts. We delve into this intricate field to craft solutions that align with your interests, addressing delivery and redelivery conditions, usage scope, and responses to contract violations (default situations). Additionally, we coordinate the execution and implementation of agreements to secure optimal outcomes for you.
Employment and Freelance Contracts for Pilots
Navigating the intersection of labor law and aviation law requires specialized knowledge. For example, the definition of travel to the home base differs under labor law compared to FRMS (Fatigue Risk Management Systems). Determining whether a pilot is an employee or a freelance operator hinges on nuanced legal precedents. Our labor law team advises various commercial aviation companies, helping you address these complexities without stumbling.
Maintenance Agreements
Maintenance forms the cornerstone of safe flight operations. We provide counsel on framework agreements for base and line maintenance, negotiating contracts for the supply of technical components and avionics to ensure reliable operations.
Corporate Law
As the legal counsel of GATE e.V., we are closely connected to the recurring legal challenges that affect your business. This enables us to provide swift, cost-effective, and well-founded advice. Whether you are a foreign corporation seeking guidance on legal matters for your subsidiary in Germany, drafting a framework supply agreement, or requiring tailored terms and conditions for your procurement processes, we have the right solution at hand. The German Aviation Security Act holds no surprises for us, and we navigate the intricacies of an airside vehicle just as confidently as we handle vertical baggage conveyors.
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You tell us about your situation, we review your documents. We will give you an initial assessment of your case as soon as possible.
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