Employment contract and employment law: legally sound and strategically aligned

Employment contract and employment law: legally sound and strategically aligned

Employment contract

A carefully drafted employment contract prevents disputes, provides protection in employment conflicts, and offers guidance during illness or underperformance. However, in practice, many contracts prove to be outdated, lack essential provisions, or do not align with current legislation or the employee handbook.

Whether it concerns a new appointment, extension, or harmonization of conditions: an employment contract must be legally correct and fit within the broader personnel policy.

Legal foundation, with practical consequences

The employment contract forms the basis of the employment relationship. Ambiguities or legal imperfections can have significant consequences. Typical legal points of attention are:

  • Contract form and duration – application of the chain regulation and risk of unintended permanent employment
  • Remuneration and bonuses – clear agreements on fixed and variable remuneration, including bonus structures and allocation conditions
  • Content of employment conditions – continued payment during illness, remote work arrangements, leave, and other secondary conditions
  • Special clauses – competition, relationship, confidentiality, secondary employment, study costs, and IP clauses
  • Alignment with employee handbook – consistency and legal validity in case of changes or additions
  • Qualification of the employment relationship – distinction between employment contract and assignment contract (freelance), to prevent false self-employment

Our approach: legally sound and workable

An employment contract forms the basis of the employment relationship between employer and employee. For employers, it is important that contracts are legally correct and align with the broader personnel policy. For employees, it is important that agreements are clear, fair, and future-proof.

We advise on drafting, reviewing, and updating employment contracts – from standard models to customized solutions for specific situations. In doing so, we ensure legal correctness, practical feasibility, and coherence with the broader personnel policy.

We offer, among other things:

  • Development of model employment contracts (temporary, permanent, on-call, or assignment contracts)
  • Legal review of contract forms and application of the chain regulation
  • Drafting and reviewing special clauses, including justification for temporary contracts
  • Alignment with employee handbook and other policy documents
  • Integration of provisions regarding illness, leave, remote work, and variable remuneration
  • Review and harmonization of existing contracts (e.g., after merger or acquisition)
  • Advice on modification of existing employment conditions or remuneration structures
  • Advice on the scope and validity of the competition clause

Employment contract as a strategic instrument

An employment contract is more than a legal document. It is a strategic instrument that provides clarity, protection, and flexibility. We ensure that your employment contracts are legally sound, align with your organization, and are future-proof.

Would you like advice on your employment contracts or a legal review of your current models? Contact us.

Our specialists are ready for you

Case study

Harmonization of employment contracts during merger

After a merger of two marketing companies, there was a need for a uniform employment contract for the new workforce. We guided:

  • The legal analysis of existing employment contracts
  • The drafting of a new, uniform model contract
  • The coordination with the works council regarding the modification of employment conditions
  • The communication to employees and implementation within HR processes

The result: a workable and legally correct model, with broad support and minimal legal risks.

Case study

Harmonization of employment contracts during merger

After a merger of two marketing companies, there was a need for a uniform employment contract for the new workforce. We guided:

  • The legal analysis of existing employment contracts
  • The drafting of a new, uniform model contract
  • The coordination with the works council regarding the modification of employment conditions
  • The communication to employees and implementation within HR processes

The result: a workable and legally correct model, with broad support and minimal legal risks.

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