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Kanzlei Labisch: Hand mit Kugelschreiber

The drafting
of contracts

Why current legal knowledge is important for you

The drafting of a contract is subject to free will. It is only limited by higher ranking law. In the field of labor law these are, for example, collective agreements, national law and the constitution.

The particular challenges of collective agreements

The freedoms to engage in collective bargaining as well as the right to industrial action are constitutionally protected. Collective agreements are privileged. They act binding on employment contracts. Constraints of these privileges by ordinary law can only take effect if doing so protects other fundamental rights. To make contracts legally binding, a comprehensive understanding of the constitutional laws is required. Furthermore, knowledge of current labor- and constitutional court rulings is helpful. Only on this basis can you be sure, that you have not violated any basic rights. Therefore, the consultation of a specialist lawyer, in the field of labor law, is highly recommendable in this case. Our law firm is here for you.

Why you cannot rely on pre-formulated terms

Employment contracts are subject to numerous restrictions by ordinary law, in particular the control of general terms and conditions. This means, for example: A pre-formulated contract clause may be legally void if it "unduly discriminates“ the affiliate. The meaning of this statement is vague and constantly changing in the varying currents of the legal system. What was true yesterday can be void today. Clauses of a contract can simply cease to apply. As an employer this leaves you with a high degree of legal uncertainty, in part because the statutory labor law, when in doubt, tends to protect the employee. With our experience in drafting contracts we will gladly provide you with information and work with you to develop legally binding contracts.

Pitfalls to avoid with operating agreements

In the drafting of employment contracts, it is imperative, for reasons stated above, to be aware of the current judicature and to take it into account in the drafting of contracts. It becomes even more complicated when it comes to operating agreements. When negotiating operating agreements, not only must procedural and jurisdictional rule be observed, but also norms limiting the content of contracts, such as the principle of equal treatment or the principle of proportionality. Since it is almost impossible for the legal layman to keep up with current judicature and to take every newly released norm into account, only consultation with a specialist lawyer of labor law will give you the necessary legal certainty you require.

Put your faith into customized contracts

As a rule of thumb: Collective agreements and operating agreements have a wider scope, labor contracts are subject to more strict legal limits. However, you should bear in mind: Void clauses can lead to considerable legal uncertainty and to far reaching obligations. As an employer you therefore benefit from more modern, tailor made contracts bringing the current legal provisions in line with individual needs. Our experts will gladly assist you in drawing up contracts.

So you see: Knowledge of current legal trends is of particular importance when drafting contracts. You should therefore consult a specialized lawyer, who is truly familiar with current labor law.

Can you protect yourself with model employment contracts? How extensive should an employment contract be?  

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