Services - RvK Repey von Köckritz

CORE COMPETENCIESOur Services

We act nationwide on behalf of senior employees, executives, expatriates, managing directors and board members. We do not advise employers. This is what keeps us independent and free from conflicts of interest. Below is a selection of areas in which we can assist you:

Advising on the Conclusion of Employment Contracts

Which clauses can be left in place even if they are unenforceable?
Which changes can an employer impose unilaterally during the employment relationship?

Reviewing and Drafting Service Contracts for Managing Directors

Fixed-term or open-ended contract? What are the advantages and disadvantages?
Protection against changes to areas of responsibility
Transparent bonus arrangements

Advising Managing Directors and Board Members during Contract Negotiations

Promotion to managing director: what changes for employees, and how can it be secured?
Coaching on which points are worth negotiating, and when apparently unfavourable terms may be accepted
Change-of-control clauses: protection in the event of a change in shareholders (change of control)

Mutual Termination Agreements: Drafting, Negotiation, and Maximising Severance Payments

We know the benchmarks and are aware of what severance packages are realistic in which industries and under which circumstances. We do not accept rule-of-thumb figures.
Tax optimisation options (e.g. converting severance payments into occupational pension contributions)
Including early termination options should you find a new position sooner

Early Retirement Agreements, Part-Time Pre-Retirement Arrangements

When is a mutual termination agreement advisable, and when is an early retirement arrangement worthwhile?
Ensuring a seamless transition into statutory retirement
Offsetting reductions in pension entitlement through lump-sum payments

Defending against Removal of Responsibilities, Demotion, Suspension and Transfer

Correct conduct in internal job postings during reorganisations
Restoring your reputation following a sudden suspension from duty
Protecting variable remuneration during prolonged unlawful transfers

Formal Written Warnings (Abmahnung)

When is it worthwhile challenging a written warning, and when can it be disregarded?

Unfair Dismissal Proceedings

Maximising severance payments in parallel settlement negotiations
We are familiar with the practices of the various Labour Courts
Preparation and accompaniment for hearings in cases of suspected misconduct dismissal

Variation of Contract (Änderungskündigung)

What options for response are available, and how can they be deployed tactically?
Typical employer errors and how they can be used to advantage

Coaching / Preparation for HR Meetings

When must you attend, and when may you decline?
What should – and absolutely should not – be said? Conduct in stressful situations.
How can the HR meeting be documented in a manner that would stand up in court?

Change-of-Control Clauses

Advisable for managing directors and board members
What is achievable in the sector, what is customary?

Expatriates: International Secondments, Return, and Early Exit during Assignment

Securing a right to return before the secondment begins
Strategies for contractual employment upon return
Strategies to avoid short-notice recalls

Challenging Bonus Reductions and Bonus Claims

Secure drafting of bonus provisions in employment contracts
Coaching in relation to target-setting discussions
Conduct following a sudden poor appraisal; drafting and documenting formal objections

Equity-Based Remuneration, RSUs / Stock Options / VSOPs

In international groups: ensuring the German employing entity can satisfy the claim in the event of a dispute
Taking equity-based remuneration into account when negotiating severance packages
Reviewing and structuring complex equity-based remuneration schemes

Non-Compete Clauses, Post-Contractual Compensation (Karenzentschädigung)

When is a post-contractual non-compete clause unenforceable, and when is it merely non-binding – and what is the difference?
What tactical options exist if you wish to move to a competitor despite a non-compete clause?
Taking non-compete clauses into account in exit scenarios

Liability of Executives, Managing Directors, and Board Members

Defending against unjustified claims for damages
Protecting your reputation
To what extent can liability be excluded through skilful contract drafting?

Defence Against Claims for Damages

Prevention at an early stage through prudent contract drafting
Limitation or even prevention through out-of-court and court negotiations as well as strategically optimised litigation

Advice in Compliance Matters

When is compliance being used merely as a pretext, and when is it genuinely justified?
How can compliance be used to set boundaries for a bullying superior?
Support during ongoing compliance investigations, securing evidence, coaching before and accompaniment at hearings

Occupational Pension Schemes

Protecting occupational pension entitlements in exit negotiations, as many companies cease contributions prematurely
Sensible contract structuring for optimal pension provision
Coaching on the so-called m/n-ths rule, to avoid surprises when the occupational pension later falls due

Advice on Handling Press Enquiries and Publications

When is it advisable to take action against negative press coverage?
Strategies for preventing unwanted publications
Preparation, accompaniment, and conduct of press discussions

Nationwide Litigation

We have always operated nationwide
We make use of the latest video technology for video conferences and virtual court hearings
We are where you are. In person too, if you wish.