employers | employees.

multidisciplinary consulting.

For decades at Sonntag & Partner, labor law has been characterized by in-depth consulting and support in all aspects of employment relationships, both individual and also collective bargaining relationships — a multidisciplinary approach under one roof. Included in this area of responsibility are the formation, performance, and termination of employment relationships, contract structuring, negotiations with works councils and labor unions, as well as all questions surrounding employee data protection and employee compliance. We provide advice and support in all legal subject areas related to the employment relationship: in the case of employing outside personnel, in the area of international labor law with employee posting and inpatriate employee situations, and with an integrated treatment of payroll tax and social insurance law aspects. We support our clients in their interactions with governmental authorities and (criminal) courts in labor law and social insurance law disputes, in conducting labor law audits and business acquisitions. In addition, Sonntag & Partner offers a special expertise and has a national mandate in the area of labor law and social insurance law in professional sports and for those engaged in the culture sectors.

 

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.
Management and employee participation
posting employees.

employment contract | termination.

  • Employment contracts at all levels of employment (industrial workers, salaried employees and managers)
  • Salary and remuneration structure (commission agreements, bonus, profit-sharing and target agreements, long-term incentives, management participation and employee participation)
  • Supplementary agreements to the employment contract (company car regulations, non-competition and confidentiality regulations, pension commitments)
  • Collective regulation of employment relationships (works agreements and collective agreements)
  • Works constitution law issues; negotiations with trade unions and works councilsDigital world of work 2.0 (use of official means of communication, electronic personnel files, digital compliance in employment law)
Prof. Dr. Andreas Katzer
  • Partner | Lawyer, M.I.L (Lund)
TO THE PROFILE
Gabriele Falch
  • Lawyer
TO THE PROFILE
Dr. Viktor Stepien
  • Partner | Lawyer
TO THE PROFILE
Martin Jost
  • Lawyer
TO THE PROFILE
Reinmar Hagner
  • Partner | Lawyer
TO THE PROFILE
Michael Zayoz
  • Lawyer
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Moritz Schwarzenberger
  • Senior Manager | Lawyer
TO THE PROFILE
Franziska Riegler
  • Lawyer
TO THE PROFILE

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

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
Prof. Dr. Andreas Katzer
  • Partner | Lawyer, M.I.L (Lund)
TO THE PROFILE

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
Prof. Dr. Andreas Katzer
  • Partner | Lawyer, M.I.L (Lund)
TO THE PROFILE

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)
Prof. Dr. Andreas Katzer
  • Partner | Lawyer, M.I.L (Lund)
TO THE PROFILE

Wages | Salary

  • Running payroll and travel expense reports
  • Administration of vacation entitlements
  • Certification system
  • Payroll tax and social security (clarification of payroll tax and social security issues, assistance with payroll tax and social security audits)
  • Management of a digital personnel file
Daniel Schild
  • Team leader | wages and salaries
TO THE PROFILE

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
  • Partner | Lawyer, Tax consultant
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Management and employee participation

  • Management and employee participation models (legal, tax and economic advice on customized, real and virtual participation models)
  • Corporate law requirements for participation models
  • Inclusion in the group of shareholders, options for the granting of shares
  • Carry company models (structuring, ongoing legal and tax support)
  • Income tax and wage tax implications (call information, taxation of capital-disproportionate profit shares / carried interest)
  • Departure of participating employees
Wolfgang Löhr
  • Partner | Lawyer, Tax consultant
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Michael Wagner
  • Partner | Lawyer
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Dr. Barbara Albrecht
  • Partner | Lawyer
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Martin Jost
  • Lawyer
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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
Prof. Dr. Andreas Katzer
  • Partner | Lawyer, M.I.L (Lund)
TO THE PROFILE

Wir verzahnen wirtschaftliche, steuerliche und rechtliche Aspekte und beraten fachübergreifend und auf Augenhöhe.

Wir begleiten große Familienvermögen, um langfristige Werte über Generationen zu bewahren.

Wir bieten maßgeschneiderte, praktikable Lösungen zu IT-Compliance, Digitalisierung und IT-Projektmanagement.

Wir beraten, bewerten und prüfen – national, aber auch international als unabhängiger MOORE-Netzwerkpartner.

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