Do you occupy a special position within the workforce and play a leading role? Well, so do we - our six lawyers advising on employment law are all specialist lawyers for employment law and therefore not only have a passion for employment law, but also special knowledge and experience, which are a prerequisite for the award and receipt of a specialist lawyer title.
In your position, parts of the employer's right to issue instructions have been transferred to you, resulting in special features. You may also be an executive employee. What exactly does this mean and who decides on this labour law figure? The legal term originates from the Works Constitution Act, which primarily ties executive employees to hiring and dismissal powers, procuration or a certain freedom to issue instructions. Whoever exercises employer powers or has a corresponding clause in the employment contract is therefore automatically a manager and should also strive for this position? No, it depends on the factual situation, i.e. the actual employment relationship, and requires careful consideration as to whether this legal figure comes into play or should come into play. This is not only accompanied by rights, but also obligations and limited protection against dismissal. Furthermore, the Works Constitution Act and the Working Hours Act do not apply. Is the employer allowed to use seventy or eighty hours a week to answer your e-mails and at 22:30 to answer your e-mails? And do you have to accept an unjustified dismissal when paying a severance payment?
Let us advise you on whether you are a manager, what effects this will have on you and what special features will apply to you. The establishment and also termination of an employment relationship in management level gives large organization area, leave you here no salaries, gratuities, amenities, evaluations and promotion chances lie - we advise you comprehensively!