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Employment law for executives and managing directors

Lawyer for managing directors in Germany

It is already difficult for executives to find the right lawyer in Germany. When it comes to lawyers for managing directors, the air seems to be even thinner. The market is even smaller. Tactical and legal considerations are also even more specialized.

In tactical terms, you have an advantage as a managing director: You know the company, the different camps, the majority and minority opinions of the shareholders and the supervisory board better than other executives. You know the right time and the right leverage to lend weight to your positions. Often, you have a fixed-term contract that protects you from ordinary termination and often secures the residual value as payment. But if ordinary termination is obstructed, the company's (possible) conflicting strategy shifts to termination for cause, which is always without notice. So we should make sure that you are not vulnerable – starting from your expenses and ending with the corporate strategy.

  • We offer strategy consulting and negotiation support for managing directors in Munich and throughout Germany.
  • Together we analyze the strengths and weaknesses of your negotiating position - but also possible weak points of the other side. Every case is unique.
  • Always in focus: your reputation in the industry, but also your financial positions. We advise you as managing director in the background - or negotiate with the company, just as you prefer.
  • If necessary, we work in multidisciplinary teams. If your matter is related to criminal law, for example, we include experienced commercial criminal lawyers in our team of advisors. We work with experts when it comes to business migration law.
  • We know that sometimes it's not time to leave the business at 6 p.m. or start the weekend on Friday noon. We are at your side at short notice and reliably when it is necessary. With us, you won't end up in the front office or even with a "First Year Associate".

We are lawyers for managing directors

Are you looking forward to your new challenge as a GmbH managing director in Germany? You have previously worked as an executive and have been promoted to managing director? Or you have already been a managing director for many years, but now the shareholders want to agree on a new service contract? Unlike employees, it is worthwhile for managing directors to have the service contract reviewed at least briefly by an experienced lawyer for managing directors in order to avoid nasty pitfalls. For example, you need termination protection: managing directors are not seen as employees under German employment law - so the Act against unfair dismissal („Kündigungsschutzgesetz“, KSchG) does no apply to you. You must therefore ensure through other clauses that you cannot be terminated at any time without compensation. Your responsibilities as manging director must also be clarified: You want to ensure that your responsibilities cannot be changed unilaterally by the shareholders at a later date. The financial package must also be clearly defined. Variable compensation, bonuses, options, shares, management participation, LTI/LTIP, post-contractual non-competition clauses now play an even greater role than before. The better the clause is drafted, the less potential there is for conflict later on. Contract drafting is always also conflict avoidance. Managing direcotrs facemajor liability risks under German law. You should be adequately protected from this risk by the company. As lawyers for managing directors, we therefore ensure that D&O insurance is also part of your serivce contract.

As a managing director, do you have to file a lawsuit with the district court instead of the specialized labor courts? In most cases, yes, if you are the managing director of a limited liability company (GmbH-Geschäftsführer). On the other hand, we may file your case with the labor courts if you were only a managing director by title. The action to the district court regularly has a significant impact on the costs and the timeline.