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Martin Lüderitz focuses his practice on Labor and Employment Law in Germany.

He advises national and international companies on all aspects of individual and collective labor law, including in the critical and complex area of German works councils consisting of reconciliation of interests and social plans, and tariff agreements.

His main practice comprises advising employers in the drafting of employment contracts, including post contractual non-competition clauses, restructurings, transfer of undertakings and mass redundancies; in matters of enforced redundancy and dismissals due to operational reasons, conduct or illness; and in the context of pre and post transactional labor and employment issues arising out of mergers and acquisitions (M&A) and restructurings. He is also experienced in advising on pension schemes, incentive plans and Employee Stock Options (ESO).

Mr. Lüderitz is specialized attorney for Labor Law and represents employers before labor courts and before civil courts.

He represents clients in various industries such as the hospital and health care sectors.

Professional Affiliations

    • German-American Lawyers Association
    • Hamburg Labor Law Association
    • Hanseatic Bar Association
    • German Lawyers Association, Labor Law Section
    • Hamburg Lawyers Association
    • Hanseatic Bar Association
    • German Lawyers Association, Labor Law Section
    • Hamburg Lawyers Association
    • Hamburg Lawyers Association
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Representative Experience

  • Advising a global consumer goods company in a Pan-European restructuring process, including the reconciliation of interests and social plan.
  • Counseling and judicial representation of hospital operators in cases of dismissal on grounds of conduct or due to illness.
  • Judicial representation of a well-known financial institute against a former member of the board.
  • Advising a U.S. software company in matters of labor law regarding the employment of staff in Germany and working permits of foreigners, as well as regarding the transfer of holdings of a new licensed GmbH.
  • Defense of a lawsuit of a freelancer claiming for classification as employee (and corresponding rights).
  • Numerous court procedures in matters of defense of action for unfair dismissal due to enforced redundancy and dismissals on grounds of operational reasons, conduct or due to illness for clients in the health, education, IT and consumer goods industries.
  • Representation against companies in the software, media and advertising industry regarding the termination of management and employment contracts.
  • Due Diligence (labor law part) and support of several capital companies and investment companies acquiring stakes and shares in German companies.

Publications

  • Dissolution through court decision and requirements of hire and dismissal responsibilities,” DER BETRIEB, September 7, 2018
  • “Holiday entitlement in Germany under review by the ECJ: Can companies be obligated to compensate untaken holiday – even if employee didn’t apply for it?” Betriebsberater, June 28, 2018
  • “Blocking e-mails is the wrong approach,”  WirtschaftsWoche, February 9, 2018
  • „The right to disconnect“, Wolters Kluwer, Personalwirtschaft, Special edition October 2017
  • „Unlawful Strike may Prove Expensive,“ WirtschaftsWoche online, 1 August 2016
  • “Labor Law in Public Service,” Co-Author, Rehm Verlag, (up until 5th Edition 2012)
  • “Financial Risks of the Employer During unfair Dismissal Claims,” NZA 2011, p. 313
  • “Reclaim of Compensation, Pre-Tax or After Tax?,” BB 2010, p. 2629
  • “Leadership on Probation and Temporary Leadership in the Collective Bargaining Law of Public Service,” ZTR 2008, p. 642
  • “Discrimination of Age by Age Limits, Consequences of the Antidiscrimination Directive 2000/78/EC for German Labor Law,” Verlag Peter Lang, 2005

Speaking Engagements

  • „HR Management“, Hamburg Chamber of Commerce, since 2018
  • “Ancillary Duties in Employment Contracts - Drafting, Implementation and Sanctioning of Breaches,“ Juristische Fachseminare, 2017
  • “Fundamentals of Employment Contracts,” Juristische Fachseminare, since 2016
  • “Termination of Employment and Vocational Training Relationships by Dismissal,“ Juristische Fachseminare, since 2016
  • “Employment Law Issues of Mergers,” Hamburg Social Health Insurance Summit, 2016/2017
  • “Professional Training: HR Management - Principles of Labor and Employment Law,” Hamburg Chamber of Commerce, Spring 2016
  • “Labor Law Issues Associated with Existing Pension Commitments in the event of a Health Insurance Fund Merger,“ Hamburg Social Health Insurance Summit, 2015
  • “Staff Reductions in the Course of Restructuring Measures,” Bryan Cave Event, 2015
  • “Drafting and analyzing reference letters,” Hamburg Chamber of Commerce, 2015
  • “Requirements for employment of sick employees and termination due to illness,” Inhouse Seminar, 2015
  • “Practice Relevant Issues using Social Media,” Juristische Fachseminare, 2013/2014
  • “Practice Relevant Issues using Social Media,” 2013/2014; “Designing employment contracts,” Juristische Fachseminare, 2015/2016/2017
  • ”German and Chinese Labor Law in a Nutshell - A Comparison,” (Co-presenter), Bryan Cave Breakfast Seminar, 2013
  • “Practice Tips for Personnel Managers,” “References under German Labor Law,” series of lectures about current topics of labor law for successful personnel management, Hamburg Chamber of Commerce, since 2012
  • “Tactics for Labor Law Litigation,” In-house seminar, 2012
  • “Labor Law Basics for General Managers,” Hamburg Chamber of Commerce, since 2011