Starting employment in Germany
Employment terms, remuneration, working time, place of work and mandatory German employment rules should be reviewed before the employment begins.
International Employment Law
International employment law with a clear German perspective
We advise international employees, executives and employers on cross-border employment matters connected with Germany.
Starting point
International structures and German employment law must be assessed together
German employment law may become relevant whenever an employment relationship is performed wholly or partly in Germany.
This applies not only to German employment contracts. Foreign agreements, international assignments, group transfers and cross-border executive positions may also trigger mandatory German employment protections.
Reliable advice therefore considers the contractual structure, actual place of work, legal status and economic objectives as one connected situation.
Typical situations
When international employment law advice becomes important
Cross-border issues often arise before employment begins and become particularly urgent when duties, position or the employment relationship change.
Foreign contract with a German connection
A foreign employment contract or choice-of-law clause does not automatically exclude mandatory German employment protections.
Assignment or transfer to Germany
International assignments and intra-group transfers may raise questions concerning duties, remuneration, return arrangements, applicable law and termination.
Dismissal while working in Germany
German dismissal protection, notice requirements and short court deadlines may apply even where the employment relationship has an international structure.
Cross-border termination agreement
Termination date, severance, garden leave, bonus, references, return arrangements and social-security consequences should be assessed together.
Employing staff in Germany
International businesses need reliable German-law structures for employment contracts, personnel measures, dismissals and labour court proceedings.
Who we advise
Advice for international employees and employers
The appropriate strategy depends on whether the client is employed in Germany, holds a senior position or operates as an employer in the German market.
International employees
Advice on contracts, assignments, transfers, dismissals, termination agreements and workplace disputes connected with employment in Germany.
Executives and managing directors
Strategic advice on international contract structures, remuneration, changes of position, removal from office, termination and liability.
International employers
Support with hiring employees in Germany, contract design, personnel decisions, restructuring, dismissals and employment litigation.
A dismissal in Germany may trigger a three-week court deadline
Internal coordination with group headquarters, foreign advisers or human-resources departments does not suspend German court deadlines. A dismissal should therefore be reviewed immediately after receipt.
Legal assessment
Four principles for cross-border employment relationships
International employment matters should not be assessed solely by reference to the contract or the employer’s registered office.
Identify the German connection
The actual place of work, contractual structure, employer organisation and practical performance of the relationship must be considered together.
Do not assess the contract in isolation
Contract wording, job title and choice-of-law clauses do not necessarily determine which mandatory German protections apply.
Protect short deadlines
International coordination, translations and internal discussions must not delay action where German filing or response deadlines apply.
Plan the complete cross-border solution
Remuneration, bonus, garden leave, severance, return arrangements, references, restrictive covenants and communication should be coordinated.
Areas of advice
German employment law advice for international matters
The advice covers cross-border contracts, employment arrangements, personnel decisions, termination situations and labour court proceedings.
Employment contracts with a German connection
Drafting and review of international employment contracts for work performed in Germany.
Assignments and intra-group transfers
Advice on duration, duties, workplace, remuneration, return arrangements and contractual amendments.
Dismissal and dismissal protection
Assessment of German dismissal rules, deadlines, litigation risks and negotiation options.
Termination agreements
Review and negotiation of severance, garden leave, bonus, references, return provisions and settlement clauses.
Executives and managing directors
Advice on employment status, service agreements, corporate office, removal, termination, remuneration and liability.
International employers in Germany
Support with employment structures, personnel measures, termination decisions and labour court proceedings.
Our approach
From cross-border facts to a coordinated strategy
A structured process prevents contractual questions, deadlines and economic consequences from being considered separately.
01
Map the cross-border facts
The places of work, contractual parties, group structure, employment history and proposed changes are identified.
02
Determine the applicable framework
Contractual choice of law, mandatory German provisions and the practical performance of the relationship are assessed together.
03
Align legal and commercial objectives
Professional, financial and business objectives are considered alongside deadlines, enforceability and cross-border consequences.
04
Implement a coordinated strategy
The required contractual, negotiation or litigation steps are prepared and implemented consistently.
Related advice
Consider the role and the employment situation together
International matters regularly overlap with general employment law, executive contracts, employer strategy and employee protection.
Kanzlei Dr. Cordt
German-law advice for cross-border employment matters
The firm advises international employees, executives, managing directors and businesses on employment matters connected with Germany.
Next step
Clarify the German legal position before taking a binding step
Have the contractual structure, place of work, legal status, applicable deadlines and cross-border consequences assessed together.