On July 6, 2017, the Pay Transparency Act (Entgelttransparenzgesetz – EntgTranspG) came into force aiming to tackle the gender pay gap – which is suspected to range somewhere between 7 and 22 % in Germany. The Act mainly provides for information rights of employees and for the implementation of review and reporting procedures in companies.
Dr. Andre Zimmermann LL.M.
André, a Certified Specialist for Employment Law (Fachanwalt für Arbeitsrecht), heads Orrick’s German Employment Practice. He advises German and international companies in all areas of individual and collective employment law. With around ten years of international experience, André is well-versed in employment aspects of M&A transactions, restructuring and employment related litigation.
The main focus of André's practice include employment aspects of M&A transactions, restructuring, outsourcing and headcount reduction, multi-jurisdictional and cross-border employment issues, service agreements of managing directors and board members, co-determination of employees at operation and board level, collective bargaining and negotiations with works councils and trade unions and litigation.
André is an acknowledged specialist in employing third-party personnel, especially through temporary agency work. Moreover, he is very experienced in aspects of employment compliance, internal investigations and employee data protection.
André's engagements include employment aspects the following projects and transactions (advice partly before joining Orrick):
- Hitachi Chemical – Acquisition of ISOLITE, a German thermal insulation manufacturer
- DBAG – Acquisition of Abbelen Group, a leading German manufacturer of prepared foods
- DBAG – Investment in radiology group
- Ardian – Sale of Frostkrone stake to Emeram Capital
- BIP Investment Partners and LUXEMPART - Acquisition of ARWE Group , a leading European provider of mobility services for car rental and car sharing companies
- LUXEMPART - Investment in Deutsche Fachpflege Gruppe
- Fagerhult – Acquisition of WE-EF, a globally leading specialist in exterior lighting
- Quip AG - Acquisition of Kolumbus Personal Management GmbH, a high-growth German temporary employment agency
- Founders and shareholders of Markenloft GmbH - Sale of Markenloft GmbH to Dentsu Aegis Network
- TCV - Investment in SuperVista, one of Germany’s largest VC financings of 2016
- Crelux GmbH - Sale of Crelux GmbH to WuXi AppTec
- Imagine Easy - Sale of Imagine Easy Solutions to Chegg, Inc.
- Aesculap AG - Investment in Neuroloop GmbH, one of the largest university spin-offs in Germany
- Fagerhult - Acquisition of LED Linear GmbH
- World Triathlon Corporation (Ironman) - Acquisition of Lagardère Sports' endurance division
- Wickeder Westfalen-Stahl - Sale of the Cold Strip Division
- Koenig & Bauer AG - Major intra-group restructuring including several spin-offs in order to implement a holding structure
- EQT - Acquisition of E.I.S. aircraft group, a high-growth aviation solutions provider
- VR Equitypartner - Acquisition of LEUNA-Tenside GmbH, a market leading German chemical producer
- Nasdaq-listed global leading provider of printing technology - Restructuring of Germany business by way of spin-off
- One of Europe's biggest hospital groups - Representation in more than 100 equal pay claims under the German Act on Temporary Agency Work before local and regional labour courts
- Link Market Services - Acquisition of Deutsche Bank subsidiary registrar services GmbH
- PATRIZIA Alternative Investments - Acquisition of Bayern LB subsidiary GBW Group for 2,45 bn Euro (one of the biggest real estate deals in 2013 in Germany)
- AXA LM - Acquisition of international subsidiaries of German run-off company GLOBAL Reinsurance (GLOBAL Re) (formerly Gerling Rückversicherung)
- Leading global technology company - Acquisition of a company following insolvency including post-acquisition redundancy scenario and representation before court
- Leading global supplier of medical technology - Advice on restructuring of German subisdiaries
- Avnet - Acquistion of MSC/Gleichmann Group
- Finanz Informatik - IT service provider of the German Savings Banks Finance Group (Sparkassen-Finanzgruppe) – Outsourcing IT from leading German Landesbank Baden-Württemberg
- Tokai Rubber - Acquisition of Anvis Group, a leading national automotive company
- Leading global technology company - Contribution of Germany business into joint venture with leading global electronic company by way of spin-off
- Leading global payment services company - Intra-group reorganisation including redundancy scenario in German subsidiary
- Omega Pharma - Acquisition of pharmaceutical portfolio from GlaxoSmithKline
- International trading corporation - Implementation of a firmwide code of conduct in Germany including data privacy requirements of whistleblower schemes
- Commerzbank AG - Advice on employment law aspects of merger with Dresdner Bank AG
- Leading national IT service provider for banks - Advice on post merger reorganisation
- Advent International - Advice on intended acquisition of Evonik black carbon business in a bidding process
- Leading German bank - Advice on challenging first-time works council election
- Leading global technology company - Merger of German subsidiaries and post-merger redundancy scenario including ca 100 unfair dismissal claims before local and regional labour courts
- Leading global technology company - Internal fraud investigation including representation in numerous unfair dismissal claims before court up to the Federal Labour Court
- Various international companies and banks - Review and implementation of employee incentive plans in Germany
- Leading national asset manager - Advice on outsourcing of property management
- Private investment funds - Advice on acquisition of leading German automotive company in a bidding process
- Various private equity firms - Advice on employment and service agreements of executive employees and managing directors
Posts by: André Zimmermann
On January 11, 2017, the German Federal Cabinet has adopted the Equal Pay Act (Entgelttransparenzgesetz) submitted by the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.
As we reported, the requirements of the Equal Pay Act as now adopted have been lessened in comparison with the preliminary ministerial draft we initially reported on, in accordance with the agreement found by the coalition committee of the German government parties.
Still, the Federal Minister for Family Affairs, Senior Citizens, Women and Youth declared the adoption of the Equal Pay Act an important breakthrough for a fair payment of women. She announced that the individual right to information, the reporting obligation and review procedure can be expected to change corporate culture in Germany.
December 19, 2016
8:30 – 9:30 am PT
11:30 am – 12:30 pm ET
4:30 -5:30 pm GMT
The final UK Mandatory Gender Pay Gap Regulations have been published and are due to be implemented on 6 April 2017 for all companies with more than 250 employees in the U.K. April 2017 is the same month in which you have to capture your data in order to publish your pay gap information in time for the deadline of April 2018 – so the time to take action has now arrived.
In Germany, equal pay legislation is expected to come into force in summer 2017 and will provide for information rights of employees and works councils, as well as, for investigation processes and reporting obligations of employers.
This webinar focuses on the requirements of the U.K. final regulations, preparing your ‘data snapshot’ and what the requirements are for publication. We will also discuss the evolving landscape of sanctions and whether a failure to publish might lead to enforcement action from the Equalities and Human Rights Commission. Recent Equal pay developments in the US and throughout the EU will also be addressed.
Via Webinar – connection details provided upon registration
MCLE credit will be given for this program.
On October 6, 2016, the coalition committee of the German government parties agreed on the planned Equal Pay Act (Entgeltgleichheitsgesetz). We described the first draft of the Equal Pay Act submitted by the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in our blog post earlier this year.
Statistics reveal a difference of 7 percent between the remuneration paid to men and that paid to women with the same qualifications in Germany. The average hourly wage even shows a difference of 22 percent, making pay discrepancy in Germany one of the highest in the EU. In order to adjust these wage injustices, the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth submitted a first preliminary ministerial draft of the German Equal Pay Act (Entgeltgleichheitsgesetz) on December 9, 2015. The act is expected to be adopted in 2016.