The German Federal Labor Court decided in an eagerly awaited ruling that crowdworkers or microtaskers can be classified as employees under German employment law. The decision will likely have significant impacts for the so-called gig economy. Although the ruling will not render the business model entirely impossible, platform operators will have to review and possibly reconsider their processes. READ MORE
Dr. André Zimmermann, LL.M.
Dr. André Zimmermann, a Certified Specialist for Employment Law (Fachanwalt für Arbeitsrecht) and partner at Orrick's Düsseldorf office, heads Orrick’s employment law practice in Germany. André has been advising on complex employment law issues for more than 15 years, with a focus on the employment law aspects of M&A transactions, restructurings and headcount reductions, and a special sector focus on technology companies.
André advises companies of all stages, pre-IPO startups, scaleups, unicorns and international corporations on a wide range of matters, having handled everything from day-to-day practical advice tailored to his clients’ needs, to complex multi-jurisdictional transactions from strategic planning through post-merger integration. 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 restructurings and headcount reductions.
He has advised on the employment law aspects in over 300 M&A transactions and financing rounds across various industries. Transactional advice includes employment law advice in complex, international technology transactions, M&A projects as well as private equity and venture capital investments, from due diligence to post-closing integration.
André has thorough knowledge of and a genuine passion for the tech industry. Over the last years, André has become the go-to-advisor of several Bay Area tech-companies, leaders in their market and high-growth tech companies. Most recently, he has advised leading global technology companies such as GoPro, Pinterest, GitHub, Nvidia, Sabre, Snap and Splunk on various employment matters.
André has received several awards for his work, inter alia:
- Germany's leading lawyer ranking JUVE recognizes André as "frequently recommended" employment law expert since 2017;
- Best Lawyers and Handelsblatt listed André as one of Germany's best lawyers in employment law in 2020 and 2021;
- Germany's leading business weekly WirtschaftsWoche ranked André as one of the top employment lawyers in Germany in 2019.
Clients recommend André to JUVE as “straight shooter" and "always refreshingly honest". Our clients praise his "creative and efficient style of working" and "a very practical and efficient style of providing advice", referring to him as "extremely responsive and always accessible" and as "an excellent advocate in court hearings". Clients appreciate André's "clear, sound and pragmatic real-world advice" and his "in-depth knowledge of the tech employment world".
Posts by: André Zimmermann
A few days ago, the much-anticipated official Corona-Warn-App, commissioned by the German government, went live – and has since been downloaded over 10 million times. The goal is to convince as many people as possible to use the track-and-trace-app to curb the spread of COVID-19. While extensive use of the app can be a benefit for employers who are looking at re-opening and return to work planning, some legal questions come up in the employment context.
How Does the App Work? READ MORE
The COVID-19 crisis led to drastic changes in employment. Although measures have been taken by the German legislator and the government to secure jobs, staff cuts appear inevitable for many companies as the crisis progresses. The following blogpost explains how short-time work and layoffs relate to each other and what companies must do to effectively terminate employment.
Due to the pandemic-related increase in remote work, questions come up who will end up bearing additional costs – such as increased electricity costs and expenses for cell phone and internet plan. There is also a need for clarification regarding occupational health and safety when working remotely. READ MORE
When starting to take steps to return to a new normal where business continues, even as outbreaks may flare up, employee health and safety certainly are top of mind. Since many EU member states are loosening up COVID-19 lockdowns, employers need to know how to ensure a safe environment for their employees when they come back to the workplace. READ MORE
The German government has agreed on additional benefit packages worth billions. Companies that recently implemented short-time work and their employees are to profit from this.
In the wake of COVID-19, many companies in Germany implemented short-time work (Kurzarbeit) in order to safeguard jobs and save on personnel. In our previous blog, we outlined the application process and provided an overview of the updated short-time work regulations introduced by the German government in the light of the coronavirus crisis.
Now that short-time work has been implemented, employers are facing questions arising from the handling of short-time work in practice in the day-to-day. We answer the most frequently asked by employers below.
- Secondary employment – Are employees allowed to have a secondary employment during short-time work? If so, how does this affect the short-time work allowance?
Employee health and safety are top of mind when it comes to work in times of the pandemic – and when starting to take steps to return to a new normal where business continues even as outbreaks may flare up. When the lockdowns have ended, employers must be ready with health & safety protocols limiting contracting COVID-19 in the workplace. The German government now recommends a new occupational safety standard employers should follow to avoid liability. READ MORE
For working parents who are unable to fulfil their working duties due to the closure of kindergarten, day care centre and/or school as a result of the pandemic, the German parliament has passed a new law in a fast-track procedure. The essential aspect under this legislative change is that under certain conditions, affected parents are granted a state-funded compensation claim under the German Infection Protection Act (Infektionsschutzgesetz – IfSchG), which is legally distinct from the contractual remuneration claim. READ MORE
The consequences of the spread of the novel coronavirus (Sars-CoV-2) have reached the German labour market. Many companies are daily confronted with new and complex legal questions regarding the handling of coronavirus-related issues in employment relationships.
The following overview shows the most frequently asked questions and answers. READ MORE