reorganization and restructuring.

multidisciplinary consulting.


 

range of consulting services.

employment contract | termination.
works constitution and collective bargaining law.
employing outside personnel | hiring out employees.
social insurance law | status determination.
representation before the labor courts.
wages | salary.
criminal law.
employee profit participation.
posting employees.

employment contract | termination.

The employment relationship is a defining legal relationship for every company. Errors and disruptions in this legal relationship can give rise to significant negative consequences. As a result, employment contracts, but also their termination, are of great importance for every company.

subject areas.

  • Employment contracts
  • Termination and settlement agreements
  • Terminations and termination agreements
  • Defending unfair dismissal suits

services.

  • Preparing and reviewing/revising employment contracts
  • Preparing supplemental agreements for employment contracts (company car regulations, bonus and target agreements, commission agreements, agreements for the use of communication devices, or BYOD)
  • Strategic consulting for the purpose of terminating employment relationships
  • Creating termination notices and counsel on the appropriate participation of the works council, as well as within the framework of agency assent procedures
Dr. Andreas Katzer
  • Phone +49 821 57058-0
    +49 172 8695160
  • Fax +49 821 57058-153
  • Email andreas.katzer@sonntag-partner.de
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works constitution and collective bargaining law.

With multidisciplinary engagement and closely involved IT expertise, we offer our clients full support for all collective bargaining law questions and structures.

subject areas.

  • Co-determination rights of the works council
  • Works council elections
  • (In-house) collective bargaining agreements and operational regulations
  • Work environment 4.0
  • Data protection and employee rights (monitoring, utilizing evidence at the time of termination)

services.

  • Consulting on all works constitution legal questions
  • Creating works agreements and (in-house) collective bargaining agreements
  • Negotiations with works councils and unions
  • Representation in disputed cases before the labor court and the conciliation board
Prof. Dr. Ulrike Trägner
  • Phone +49 731 379 58-0
    +49 172 7760186
  • Fax +49 731 379 58-20
  • Email ulrike.traegner@sonntag-partner.de
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employing outside personnel | hiring out employees.

Misjudgments in employing outside personnel can have particularly negative consequences for companies. We ensure expert development of all legal relationships with subcontractors, freelance employees, and with regard to the subject of hiring out employees.

subject areas.

  • Freelance work and fictitious self-employment
  • (fictitious) contracts for work (fictitious) service contracts and impermissible hiring out of employees

services.

  • Creating contracts and approaches
  • Review of social insurance law status
  • Conducting status determination proceedings, including subsequent appeal and court proceedings
  • Applying for permits according to the German Law on Temporary Employment (AÜG)
  • Counsel and implementation in cases of permissible hiring out of employees
  • Delimitation of the various forms of employing outside personnel in national and international contexts
Dr. Andreas Katzer
  • Phone +49 821 57058-0
    +49 172 8695160
  • Fax +49 821 57058-153
  • Email andreas.katzer@sonntag-partner.de
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social insurance law | status determination.

Sonntag & Partner has remarkable expertise in all social insurance law questions within established multidisciplinary teams. We also advise and represent our clients in particularly complex factual circumstances.

subject areas.

  • Status assessment
  • Company audits
  • Social insurance contributions for artists
  • Pensions
  • Social insurance exemptions for managers

services.

  • Counsel and external representation
  • Representation towards social insurance carriers and other regulatory authorities
  • Conducting application and appeal proceedings
  • Reviews of social insurance status under the law
  • Evaluation of contribution obligations within the scope of social contributions for artists
  • Providing support in the course of company audits by pension insurance carriers, including a subsequent appeal and proceedings before the social courts
Dr. Andreas Katzer
  • Phone +49 821 57058-0
    +49 172 8695160
  • Fax +49 821 57058-153
  • Email andreas.katzer@sonntag-partner.de
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representation before the labor courts.

We comprehensively represent our clients in all labor court proceedings in all instances.

subject areas.

  • Disputed terminations of employment relationships
  • Disputed (payment) claims arising from employment relationships
  • Contested resolution of disputes under works constitution law
  • Proceedings for/against boards of directors and managers

services.

  • Attending scheduled court dates in all instances throughout Germany
  • Evaluation of the prospects for success for lawsuits and appeals
  • Judgment proceedings
  • Labor court proceedings
  • Interim legal protection
  • Appellate proceedings (complaint, appeal, points of law)
Dr. Andreas Katzer
  • Phone +49 821 57058-0
    +49 172 8695160
  • Fax +49 821 57058-153
  • Email andreas.katzer@sonntag-partner.de
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wages | salary.

We prepare the wage and salary accounting for companies, legal entities, and private households. In teams assembled for a multidisciplinary approach, we also advise and support our clients in all aspects of digitalization surrounding accounting, personnel files, and electronic company audits.  
labor liabilities.
digitalization | optimizing accounting.
digital personnel file.

labor liabilities.

services.

  • Current wage and salary accounting
  • Managing vacation days
  • Valuation of non-cash compensation (e.g. use of a company car)
  • Advise on tax-exempt employer benefits
  • Calculation of Sunday, holiday, and night shift bonuses
  • Certifications
  • A1 applications
  • Transmitting statements to social insurance institutions
  • Proof of payment for workers’ compensation
  • Employment tax returns
  • Consolidated tax payments under §37b German Income Tax Act (EStG)
  • Levy for non-employment of the severely handicapped
  • Social contribution for artists
  • Assistance in the course of audits by the German pension insurance fund/tax office
 

Daniel Schild
  • Phone +49 821 570 58-0
  • Fax +49 821 570 58-153
  • Email daniel.schild@sonntag-partner.de
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criminal law.

Criminal law consulting and representation at all stages prior to, or during a payroll tax investigative and criminal proceeding that involves employment relationships under social insurance law.

subject areas.

  • Withholding and misappropriating compensation according to § 266(a) Criminal Code (StGB) (illegal employment/fictitious self-employment)
  • Fraud in making contributions according to § 263 StGB
  • Illegal hiring out of employees

services.

  • Preventative consulting for avoiding the risk of criminal liability
  • Assistance in the course of search warrants conducted by customs, tax office investigators, and prosecutors
  • Representation in criminal investigative proceedings
  • Representation before social insurance authorities
  • Representation in judicial criminal proceedings
  • Individual consultations on social insurance law issues, e.g. preparation of expert opinions
  • Support of colleagues (with a client protection agreement)
Ulrich Derlien
  • Phone +49 821-57058-0
    +49 172 8662995
  • Fax +49 821-57058-153
  • Email ulrich.derlien@sonntag-partner.de
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employee profit participation.

We develop and optimize management and employee participation models on the backdrop of government subsidies and the positive impacts and incentives within the company.
corporate law implementation.
tax audits.
carry models.

corporate law implementation.

Employee participation as a tool for attracting, committing, and motivating valuable talent.

services.

  • Structuring an appropriate employee participation model
  • Development of virtual participation models with various participation options
  • Accepting employees into the shareholder structure or granting share options
  • Support in the event of an employee's departure from the company and its participation model
  • Support in the ongoing management of the participation model
  • Establishing the corporate law prerequisites for granting shares to employees

Michael Wagner
  • Phone +49 821-57058-0
    +49 172 8474863
  • Fax +49 821-57058-153
  • Email michael.wagner@sonntag-partner.de
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posting employees.

Expert teams assembled on an individual and multidisciplinary basis advise and provide support to our clients with comprehensive expertise in all aspects of posting employees — nationally and internationally.

subject areas.

  • Tax aspects for an international staff assignment
  • Social insurance law for an international staff assignment
  • Employer's social insurance obligations in the case of a foreign assignment

services.

  • Consulting for the posting company and the posted employees
  • Preparing and revising labor law rules on posting employees
  • Generating payroll accounting
  • Preparing tax returns
  • Contract drafting
  • Employing staff across borders
  • Assessment of tax liabilities
  • Evaluation of tax questions for the international employment of staff
  • Consideration of the applicable social insurance law
  • Application for A1 certificates and confirmation of expatriate employee status
  • Evaluation of social insurance law contribution obligations abroad, also in cooperation with foreign network partners
  • Assessment of special questions on occupational safety abroad (such as working hours regulations), and consulting on measures for worker protection, accident prevention, and representation in the event of recourse asserted by workers’ compensation insurance carriers
Dr. Andreas Katzer
  • Phone +49 821 57058-0
    +49 172 8695160
  • Fax +49 821 57058-153
  • Email andreas.katzer@sonntag-partner.de
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