Restructuring and M & A : German employment law guide /
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| Format: | Electronic eBook |
| Language: | English |
| Published: |
Cologne, Germany :
Verlag Dr. Otto Schmidt,
2011
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| Subjects: | |
| Local Note: | ProQuest Ebook Central |
Table of Contents:
- Preface; Abbreviations; I. Restructuring and M & A; 1. Key terms; 1.1 Employers and employees; (a) Employee; (b) Difference between employees and independent contractors; (c) Executive employees; (d) Employer; 1.2 Operation, company and group; (a) Operation/part-operation; (b) Company; (c) Group; 1.3 Works council and works council agreements; (a) Establishing works councils; (b) Responsibilities of the works council; (c) Co-determination via works council agreements; (d) Expenses of the works council; 1.4 Co-determination at company level; (a) Supervisory board pursuant to the DrittelbG.
- (B) Supervisory board pursuant to the MitbestG1.5 Trade unions, employers' associations and collective bargaining agreements; 2. Basics of a dismissal; 2.1 General requirements; (a) Hearing of the works council; (b) Notice of termination; (c) Notice period; (d) General protection against dismissal; (e) Special protection against dismissal; (f) Legal action against dismissal; (i) Court proceedings; (ii) Court settlement; 2.2 Dismissal for operational reasons; (a) Entrepreneurial decision; (b) No vacancies in the company; (c) Social selection.
- (I) Employees with special protection against dismissal(ii) Comparable employees; (iii) Social criteria; (iv) Legitimate operational interests; (v) List of employees to be dismissed; 2.3 Alternative ways to end employment; (a) Cancellation agreement; (b) Dismissal for operational reasons with proffered severance payment(sec. 1a KSchG); 2.4 Sample employment documents; (a) Sample notice of termination for operational reasons; (b) Sample notice of termination with the option of altered employmentconditions.
- (C) Sample notice of termination for operational reasons with profferedseverance payment (sec. 1a KSchG)(d) Sample of a works council hearing for a planned dismissal for operational reasons; 3. Types of restructuring measures; 3.1 Restructuring at the operational level; (a) Sale of the entire operation or a part-operation; (b) Closure and relocation of operations; (c) Outsourcing; (d) Other types of restructuring measures; 3.2 Restructuring by transformation of the company; (a) Merger; (b) Division; (c) Transfer of assets; (d) Change of legal form; 3.3 Share and asset deal.
- 3.4 Timeline for asset deal (including employment aspects)4. Restructuring by company transformation; 4.1 Transformation agreement; (a) Responsibility for entering into the agreement; (b) Content of the transformation agreement; 4.2 Delivery of the merger/division agreement to the competent works council; 4.3 Information of the economic committee; 4.4 Effects on works councils; 4.5 Effects on works council agreements; 4.6 Effects on collective bargaining agreements; 4.7 Sample employment document
- merger agreement (excerpts); 5. Transfer of business; 5.1 Historical background.
- And Authors The employment law guide explains the rules of the game for international restructuring projects and transactions in Germany. It sets out in an easily accessible manner the various subjects of relevance in English, whilst at the same time providing a practical and straightforward overview. It also offers bilingual sample employment documents, wording examples, overviews, timetables, excerpts from relevant legal texts and a glossary of key terms. This is rounded off by aspects of corporate and insolvency law. The book is specially intended for executives, HR managers, lawye.
