HR requires more than labour law – HR.LAW BY ARQIS

The world is changing rapidly – and the world of work with it. For that reason, HR is facing complex challenges. Global matrix structures, human capital management, whistleblowing, transformation projects, big data, artificial intelligence and crowd funding are just a few of the topics not covered by classic labour law – yet they have arrived at every business. Or will arrive soon.

That is why classic labour law advice is no longer the best solution for companies. With HR.Law by ARQIS, we are offering you an innovative, holistic advisory solution to answer all HR questions – whether they are about labour law, compliance, company pension schemes, supervision or data protection law. We advise and support boards, directors, executives in HR and legal counsels in and out of court, both nationally and internationally. We understand the challenges you are facing, offer the necessary expertise and create a solution together, working interdisciplinary and strategic, added-value oriented, highly implementable and pragmatic.

A selection of HR issues, on which we can find legal solutions for you:

  • Demography, mindset & expectations of generations Y and Z
  • Digitisation/World of Work 4.0
  • Functional, global matrix organisations
  • New types of work (New Work/Big Economy/Work 4.0/Collaborative Outsourcing)
  • M&A/Legal Entity Consolidation
  • Cost reductions and reductions in FTE with increasing demands
  • Regulation Overload (e.g. renumeration regulation, employment of external staff, transparency and information balance)
  • Data protection/Data loss/Know-how loss
  • Compliance/HR Compliance/Internal Investigation/Increased integrity, MeToo
  • HR-Technology (AI assisted recruiting, HR controlling, pre-employment screening, Vetting, talent management etc), HR Big Data, HCM Software
  • Pension schemes (pressure to save costs and obligatory pensions, pressure on existing systems due to demography/low-interest environment), CTA
  • New renumeration systems and strategies
  • Corporate Volunteering, Pro bono
  • Liability management/Crisis management/Business Continuity Management/Reputation management
  • CSR (minimum working standards ILO/GC) & Corporate Data Responsibility (digital literacy)

Direct link to « hrlaw.arqis.com »

Our advisory solutions for companies

  • Execution of labour law due diligence, creation and negotiation of labour law provisions in sale purchase agreements
  • Post-Merger-Integration, in particular harmonisation of works agreements, standardisation of company pension schemes, tariff changes
  • Advice during operational changes (e.g. restructurings, staff reductions, split-ups, relocations, operational restriction and closure) from the planning stage to negotiations of balance of interests and social plans to the conduct of possible protection against dismissal proceedings
  • Preparation and execution of staff reductions, in particular collective redundancies, establishment of employment and transfer companies
  • Support of outsourcing plans, solutions of problems regarding the transfer of undertakings, creation of notifications pursuant to Section 613 Para. 5 German Civil Code
  • Creation and optimisation of employment contracts
  • Implementation of new working hours models and innovative renumeration systems
  • Advice on works constitution issues, negotiation of works agreements on all subject matters up to the conduct of possible proceedings in front of a conciliation committee
  • Advice for the HR department on commonplace labour law problems such as the creation of warning letters, references, Works Council Hearings; advice on part-time related problems, dismissals on personal grounds or due to bad conduct
  • Solution to all data protection issues and use of IT in employment context

COMPANY PENSION - ARQIS PENSIONS GROUP

Companies often focus on company pension as a complex, long-term remuneration element, and in particular on the often burdensome pension liabilities and their impacts on accounting. External pension providers, such as support funds and pension funds, are not always securely funded these days; the employer bears the contingent liability. Even in case of direct insurances and pensions schemes for shareholder managing directors involve enormous financial risks. Pension liabilities also raise particular questions in the context of restructuring, corporate transactions/M&A activities and company valuations, as well as on borrowing funds. Employers are faced with the challenge of creating attractive and digital company pension schemes for their current and future employees, exploiting opportunities while minimizing risks, in particular in respect of capital coverage for pension liabilities, and simultaneously optimizing them on an ongoing basis.

The lawyers in the ARQIS Pensions Group, led by Tobias Neufeld, LL.M. (“Leading Name in the Field of Company Pension”, JUVE), offer companies and -consulting firms for company pension over 30 years of market-leading experience on legal aspects in the field of company pension. Some of them bring also experience from big German pension advisors. The ARQIS Pensions Group advises on all ways of implementation for designing, reorganization and de-risking of pension schemes as well as on the outsourcing or transfer of pension liabilities, also in connection with M&A transactions and intragroup restructurings. The specialists for company pension law place the focus areas of their work on the legal defense of unlawful company pension claims, e.g. pension adjustments, pension commitments, benefit increases or contingent liability, as well as on negotiation with work councils and trade unions.

The scope of consulting services provided by the ARQIS Pensions Group:

  • Pension arrangements in employment and service contracts
  • Pension schemes in works agreements and collective bargaining agreements
  • Amending, updating, substituting, reorganizing and funding pension systems
  • De-risking of pension schemes, in particular against the background of the on-going low-interest environment
  • Drafting of works agreements/collective bargaining agreements and negotiation (including conciliation proceedings / arbitration )
  • Company pension in connection with M&A transactions, transformations and business transfer pursuant to section 613a of the German Civil Code
  • Settlement and transfer of pension liabilities
  • Pension adjustments, portability and transfer between employers (esp. within a group)
  • Company pension in liquidation/crisis/insolvency (German Pension Protection Fund)
  • Pension reinsurance and pledging
  • Contingent liability (employer’s obligation to assume liability) in the case of external ways of implementation
  • Company pension for board members and managing directors
  • Training/Updating of the employees dealing with company pension, in particular in HR
  • Outsourcing of pension liabilities (genuine/pseudo pensioner companies and funding obligations)
  • Review of and defense against claims relating to company pension before all courts and in all instances