In Germany, fixed-term employment is strictly regulated: As a rule, fixed-term requires objective grounds that justify the limited term. There are exceptions for new hires: If the same employee has not been employed (on a fixed-term or open-ended) by the company before, as a rule, a fixed-term not exceeding two years is allowed including a maximum of three renewals within that period. READ MORE
Dr. André Zimmermann, LL.M.
Dr. André Zimmermann, a Certified Specialist for Employment Law (Fachanwalt für Arbeitsrecht), heads Orrick’s German Employment Practice. With well more than ten years of international experience, André is well-versed in restructuring and headcount reduction, employment aspects of M&A transactions and employment related litigation with a sector focus on technology companies and multi-jurisdictional and cross-border employment law issues.
André is listed as "frequently recommended" employment law expert by JUVE Handbook of German Commercial Law Firms, editions 2017/2018 and 2018/2019, Germany's leading lawyer ranking, and has been ranked as top employment lawyer by renown German business weekly WirtschaftsWoche 2019. Clients recommend André to JUVE as “straight shooter" and "always refreshingly honest".
Our clients praise André's "creative and efficient style of working" and "a very practical and efficient style of providing advice", referring to him as "extremely responsive and accessible when we have urgent matters" and as "an excellent advocate in court hearings".
André advises companies on a wide range of HR legal matters with a special sector focus on technology companies, including hiring and discrimination concerns, misclassification, multi-jurisdictional and cross-border employment issues, HR data privacy compliance, roll out of employee handbooks and policies, performance management and terminations. Having long-standing experience in negotiating with works councils and unions in restructuring measures of all kind, a special focus of André's practice is on restructuring, outsourcing and headcount reductions. He is an acknowledged specialist in employing third-party personnel, especially through temporary agency work.
André has thorough knowledge of and genuine passion for the tech industry. Most recently, he has advised leading multinational technology companies such as Pinterest, Flexera, GitHub, Nvidia, Optimizely, Sabre and Splunk on various employment matters.
André is a core member of our global employment law practice consisting of 80 specialized employment lawyers and world leading practices in our offices in the United States, Asia and Europe, offering the highest level of employment advice in all major jurisdictions. Our well-established teamwork across offices ensures international advice in employment law in our clients' cross-border projects.
Posts by: André Zimmermann
The status of a managing director (Geschäftsführer) of a German limited liability company (GmbH) is determined (i) by the appointment as managing director and, thus, the corporate office as a legal representative of the company and (ii) by the underlying service agreement. If a company intends to separate from a managing director, both, the appointment and the service agreement have to be terminated. It’s important to realize that these are two different issues that need to be addressed when parting ways with a managing director. READ MORE
On June 13, 2019, the Council of the European Union (EU) adopted the European Parliaments proposal for a Transparent and Predictable Working Conditions Directive – a direct follow-up to the proclamation of the European Pillar of Social Rights. The new law introduces new minimum rights, as well as new rules on the information to be provided to workers about their working conditions. READ MORE
According to a recent decisions of the European Court of Justice (ECJ) (May 14, 2019 – C‑55/18), the Member States of the EU must oblige employers to systematically record the working time of their employees. Only in this way can it be ensured and enforced that the working time rules are observed and that the intended health protection of the employees is guaranteed. READ MORE
Very recently, the European Court of Justice (ECJ) held that an automatic forfeiture of vacation entitlements or vacation compensation entitlements without prior notification of the employee contravenes EU law. The German Federal Labor Court (Bundesarbeitsgericht, BAG) now has joined this case law in its decision of February 19, 2019. This requires employers to take action. READ MORE
On January 1, 2019, new employee entitlements to a temporary reduction in working time will come into force in Germany. We answer the 10 most important questions employers have. READ MORE
The German Federal Vacation Act (Bundesurlaubsgesetz) provides that vacation has to be approved and taken in the current calendar year. The employee is meant to actually take the vacation and enjoy a rest. READ MORE
Undoubtedly driven by an interest in drawing UK-based banks to Frankfurt and becoming an EU hub for US banks post-Brexit, the German government recently picked up a proposal to relax dismissal protection for high-earning bankers. So it may very well soon be easier for banks in Frankfurt to part with their top employees. READ MORE
The German Federal Labor Court (judgment of March 20, 2018 – 1 ABR 15/17) has recently clarified a matter of considerable practical relevance for U.S. companies offering stock options to employees of their Germany-based subsidiaries: Does the German subsidiary’s works council have a right to be involved when it comes to offering stock options? READ MORE
A recent ruling of the Federal Labor Court will invalidate thousands of forfeiture clauses in employment contracts in Germany. Companies need to review and revise their standard employment contracts now and explore options to amend existing contracts to exclude potential liabilities. Otherwise there may be significant exposure for the employer. The time to act is now! READ MORE