AMA • Dr. Anja Mengel Arbeitsrecht

For Employers

  • Companies
  • Associations
  • Private non-profit institutions
  • Public employers

 

For Supervisory boards, Shareholders, Managers, Founders and Investors

stands for

over two decades of experience in advising employers of all sizes

  • International groups
  • DAX-40 groups and other DAX companies
  • SMEs (Small and Medium-sized Enterprises)
  • Venture capital based companies
  • Start-up companies (founders and investors from inception)

regarding issues on a wide range

  • in projects and project management
  • by ongoing long-term support in everyday business
  • in internal conflicts and negotiations
  • in important court proceedings, also in precedent setting proceedings, in all instances, before the labor courts, social courts and civil courts

with the highest quality of professionalism and advocacy

  • based on work in leading international business law firms (> 12 years)
  • in successful nationwide employment law boutique firms (> 11 years)
  • recognized as a leading employer advisor in the leading attorney rankings (> 15 years)

with focus on client work and client interests.

  • by providing advice at top partner level
  • as a solo attorney
  • with efficient digital law firm structures.

Prof. Dr. Anja Mengel LL.M. (Columbia/NYC)

has been admitted to the bar as an attorney-at-law in Germany for over 23 years and specializes in:

  • Employment Law
  • Social Security Law
  • Labor regulatory law and compliance.

 

  • Studies of Law University of Cologne 1988 – 1994
  • Diplôme en Droit Université d’Auvergne 1991 – 1992
  • First State Examination Higher Regional Court of Cologne June 1994
  • Doctorate (Ph. D.) University of Cologne (Prof. Dr. Dres. h. c. Peter Hanau) 1994 – 1996
  • Master of Laws (LL.M.) Columbia University New York City 1995 – 1996
  • Dissertation on Transformations in Employment and Labor Law C. F. Müller Verlag 1996
  • Legal clerkship Kammergericht Berlin 1996 – 1998
  • Supreme Court of Israel Jerusalem 1998
  • Labor Court Berlin 1998
  • Second State Examination Higher Regional Court (Chamber Court) Berlin November 1998
  • Admission to the German Bar March 1999
  • Admitted as a Certified Attorney for Emplyoment and Labor Law September 2002
  • Admitted to the Higher Regional Court (Chamber Court) of Berlin November 2004
  • Lecturers Bucerius Law School Hamburg 2000-2017
  • Honorary Professor Bucerius Law School Hamburg March 2017.

Professional Legal Services / Products

For Employers

Employment contract law

  • Standard employment contracts and individual adaptations
  • Employee data protection notices
  • Notification documents
  • Supplementary agreements e.g. on:
    • Mobile work / Work from Home
    • Company car
    • Variable remuneration / ESOP / VESOP
    • Suspensions/sabbaticals
    • Secondments

Other agreements

  • Freelance contracts
  • Consulting contracts
  • Employee leasing contracts
  • Contracts for the deployment of external personnel
  • Contracts for work and services

Human Resources Management

  • HR concepts and guidelines:
    • Mobile work national/international
    • Anti-discrimination prevention
    • Anti-corruption prevention
    • Codes of ethics
  • Company pension plans – concepts and contracts
  • Warnings / Low performance management
  • Transfers /Secondments
  • Change notices
  • Regulatory consulting:
    • Employee data protection
    • Occupational health and safety
    • Employee leasing
    • Appointment / dismissal of representatives and supplementary agreements
      • Data protection officer
      • Anti-financial crime officer
    • Internal Investigations

Works Council relations

  • Advice on information rights and co-determination rights
  • Works Council agreements
  • Negotiations with Works Councils and their advisors
  • Conciliation proceedings
  • Support in Works Council elections
  • Review and design of restructuring measures
  • Resolution proceedings with Works Councils before the labor courts
  • Expert legal opinions and advice on Works Council members’ remuneration

Project services

  • Expert legal opinions and structural analyses
  • Expert Opinion on Employee Status / Self-Employed Status (Social Security Law)
  • Review and design of operating models
  • Internal Investigations
  • Review and design of business transfers
  • Review and design of other restructurings
  • Review and structuring of SE conversions
  • HR Audit (Standard terms of employment and/or HR Compliance)

Termination of employment relationships

  • Concepts for entrepreneurial decisions (for terminations and restructurings due to business/operational reasons)
  • Procedures for approval by public authorities
    • Maternity leave
    • Parental leave
    • Severely disabled persons and persons with equal rights.
  • Mass dismissal notices
  • Notices of termination
  • Notices for realease from work duties / garden leave
  • Termination agreements / settlement agreements
  • Reconciliation of interests and social compensation plans (drafts, consultation, negotiation)
  • Special employment/transfer companies

Court proceedings (labor courts, social courts, administrative courts)

  • Dismissal protection claims
  • Actions for damages
  • Defense agaisnt any other employee claims
  • Employee/exempt status administrative and court proceedings
  • Actions for substitution of consent by public authorities
  • Works Council proceedings / resolution proceedings in labor courts

For Supervisory boards, Shareholders, Managers, Founders and Investors

Service (employment) contracts / Corporate law / Law of private associations

  • Managing director employment contracts
  • Board member employment contracts
  • Rules of procedure and management guidelines
  • Social security / social security exemption for shareholder-managing directors
  • Non-competition agreements
  • Notices of termination / Termination agreements
  • Liability / Damages litigation
  • Insurance (D&O)