5,0/5 Google · 167 reviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.Period: October 2016 to date · As of: 28 October 2026
Employment law for employers and HR
The line is set before the measure
Should you dismiss? Is a formal warning enough? Is a termination agreement the better route? We give management, HR and legal a sound line before the measure is taken.
Please enter a short description first.
The first contact is free of charge. We will inform you expressly before any costs arise for you.
Response within 24 hours on working days
As of: 23 October 2026
Before sending2 of 5
- Reason for dismissal documentedCheck
- Notice period and receiptPresent
- Works council consultationMissing
- Log data admissibleData protectionCheck
- Written form, Section 623 BGBPresent
Point of review: Allegation is based on log data
- 1Specify measureChoose route
- 2Secure the factsChronology
- 3Choose implementationDispatch or settlement
Schematic illustration of an employer review. Simplified example.
We advise employers
- SMEs
- Tech companies
- Management
- HR departments
Key points at a glance
- Many employer cases begin with a decision, not with a lawsuit.
- What needs to be clarified is what is permissible and provable, what must be documented and which step does not weaken your own position.
- The strongest employer position is created before sending, the meeting or the signature.
- ITMR combines employment law with data protection, IT, AI and compliance when personnel matters have digital interfaces.
- Your contact is Dr. Alexander Pleh and his team. He is a specialist lawyer for IT law and family law. Response within 24 hours on working days.
- SaaS
- Software as a Service. Software used over the internet rather than installed.
Employer decision
When does employment law become critical for employers?
When the next measure can no longer be decided internally alone.
A business then needs a sound line instead of a general introduction.
Does the employment contract still fit the current role? May email, chat, video or log data be used in a personnel measure? Questions like these are at the start of many mandates.
In our experience, risks arise from the route to the measure rather than from the measure itself. A dismissal is sent too early. A formal warning remains too general. A termination agreement leaves ancillary economic points open. Digital evidence is used without clarifying its origin and admissibility.
The legal review is not meant to slow things down, but to enable decisions. What can be implemented immediately, what should be prepared and where is a different route economically stronger?
The focus is on employers, businesses and professional decision-makers. Advice for employees, private standard questions and general basics are not the focus. If the focus is solely on data protection, AI, IT contracts or platform regulation, the specialised ITMR pages will get you further faster.
- For whom
- Employers, management, HR
- Minimum wage
- statutory €13.90 gross per hour since 1 January 2026
- Next increase
- statutory €14.60 gross per hour from 1 January 2027
- Written form
- Section 623 BGB for dismissal and termination agreements
Many employer situations today are no longer purely a matter of employment law. A reason for dismissal lies in log data. Misconduct affects internal systems. A termination agreement must safeguard trade secrets and IP rights. An HR tool touches employee data. Freelancers develop software or content whose chain of rights must later stand up.
At ITMR, employer situations under employment law can be combined with related digital, data protection and litigation issues. This is relevant when personnel measures are based on digital evidence, HR processes are data-driven or trade secret protection and chains of rights are also affected.
Describe your employer case via the form. We will get back to you within 24 hours on working days.
Review
How is the strongest employer position created?
Before sending, the meeting or the signature, in three steps.
01
Specify measure Dismissal, formal warning, termination agreement, transfer, garden leave, contract amendment or internal investigation each have their own requirements.
02
Secure the facts What matters are the file, timing, witnesses, documents, technical data, consultation, receipt and a comprehensible internal chronology. At the same time, we check the interfaces. Data protection, the works council, IT systems, AI, trade secrets, IP rights, customer relationships or compliance can change the employment law route.
03
Choose implementation Not every tough measure is economically the best. A well-prepared termination agreement, a precise formal warning or a contract correction can strengthen your position.
What the review delivers
- 1
What is permissible? Legal limits of the planned measure.
- 2
What is provable? Facts, documents and usable data.
- 3
What must be documented? Chronology, consultation, receipt and participation.
How long does it take? We complete most work steps within a few working days. How fast it goes depends on the scope and on your responses. Do you have a fixed date, such as a deadline? Tell us right away in your enquiry and we will plan for it.
Service
What can employers expect from the review?
Service package: employment law for employers
Clear decision route Assessment of whether dismissal, a formal warning, a termination agreement, a contract amendment, garden leave, an internal investigation or negotiation is the appropriate next step.
Review of documents and contracts Review and drafting of employment contracts, supplementary agreements, termination agreements, formal warnings, dismissal letters, garden leave, reference wording and confidentiality provisions.
Risk structure for HR and management Assessment of litigation risk, evidence, data protection interface, communication risk, ancillary economic points and internal feasibility.
Support during conflict and implementation Preparation of negotiations, settlements, court disputes, internal communication or a permanent employment law HR and legal structure.
- For whom
- Employers and businesses
- First response
- within 24 hours on working days
- Costs
- We tell you the costs transparently before you instruct us.
- Not included
- Advice for employees.
Who delivers what and who decides
- Employment contract and personnel file
- Chronology of the facts
- Previous formal warnings or letters
- Details of works council and size of business
- Legal assessment of the measure
- Drafting of letters and contracts
- Negotiation with the other side
- Representation before the labour court on request
- You, on the measure
- In a dispute, the labour court
How does the engagement work?
- 1
First assessment You describe your case via the form. We assess which step fits. The first contact is free of charge.
- 2
Offer Before work begins, we tell you the scope and costs transparently.
- 3
Court steps separately Court proceedings and representation before the labour court are agreed separately.
Typical enquiries
Why do employers come to ITMR?
Six occasions from practice.
An employment relationship is to end, but the reason for dismissal, provability, notice periods, receipt, special protection against dismissal or litigation risk have not yet been clarified.
An amicable separation is to be implemented in an economically sensible, documented way and without unnecessary follow-up disputes.
Misconduct, working time, a secondary job, a breach of confidentiality, private IT use or a leadership conflict must be assessed and documented robustly.
Role, remuneration, bonus, fixed term, remote work, trade secret protection, IP rights or competition issues no longer match actual practice.
Email, chat, HR tools, video, AI systems, log data or internal investigations affect employment law, data protection and the admissibility of evidence at the same time.
External staff are operationally integrated, work close to instructions or, in day-to-day project work, are closer to an employment relationship than to a freelance service relationship.
Employer situations
Which case groups do we handle for employers?
Specific case groups instead of an abstract overview.
Employment contracts must reflect remuneration, working time, probationary period, fixed term, remote work, confidentiality, IP rights, secondary employment and variable components in the way the employment relationship is actually lived.
What counts are the reason for dismissal, notice periods, receipt, social data, works council consultation, special protection against dismissal, garden leave, reference, bonus, return of devices and settlement strategy.
Working time fraud, breach of duty, data access, private IT use, breach of confidentiality or disloyalty must be assessed so that the response remains proportionate and usable.
Working time models, overtime, bonuses, special payments, supplements, mini-jobs and variable remuneration affect contract drafting, documentation and payroll at the same time.
With email, chat, video, time recording, log data, applicant tools or AI systems, the employment law assessment must be consistent with data protection, transparency and governance.
Contract form, proximity to instructions, integration, economic dependence, transfer of rights and operational project management should be examined together.
Risk points
Which mistakes cost employers their position?
These mistakes cost negotiating power, time and procedural position.
- Dismissal without a secured basis Facts, notice periods and receipt are not secured.
- Formal warning too imprecise The allegation is too general or the warning function is missing.
Termination agreement with gaps Garden leave, bonus, holiday, reference, devices and confidentiality are not regulated.
Data used without review Email, video, chat or log data are used without a sound data protection and transparency review.Bogus self-employment A freelancer structure is run like an employment relationship in day-to-day practice.Outdated employment contract Role, remote work, variable remuneration, IP rights or trade secret protection are no longer reflected.
ITMR-Profil
Where does ITMR combine employment law with digital topics?
Employment law at ITMR is particularly strong when personnel matters have digital interfaces.
For email access, monitoring, video, HR tools, access requests, internal investigations and use of data in the employer context.
For AI systems in recruiting, assessment, assistance, communication, workflows or internal decision support.
For employer questions relating to platforms, SaaS, cloud, tools, software, data or compliance.
For businesses that want HR, contract, data protection, IT and compliance questions to be assessed in a structured way on an ongoing basis.
Current framework
Which forms, time limits and limits apply?
Under Section 623 BGB (German Civil Code), dismissals and termination agreements require written form. Before they are issued or signed, receipt, notice periods, power of representation, documentation, participation rights and ancillary economic consequences should be examined separately.
Protection against dismissal under Section 1 KSchG (Protection Against Dismissal Act) depends on social justification, the size of the business, length of service and the specific reason for dismissal.
The statutory minimum wage under Section 1 MiLoG (Minimum Wage Act) has been €13.90 gross per hour since 1 January 2026. According to the BMAS (Federal Ministry of Labour), it will rise to €14.60 gross on 1 January 2027. Employers should measure pay bands, mini-jobs, supplements, special payments and working time accounts against this.
Working time models must be consistent with the limits of the ArbZG (Working Hours Act), such as the maximum daily working time under Section 3 ArbZG.
- Section 623 BGB Written form for dismissal.
- KSchG (Protection Against Dismissal Act) Social justification.
- ArbZG (Working Hours Act) Maximum working hours and rest periods.
- BMAS on the minimum wage Current amount and adjustments.
Classification
Who is this page not intended for?
This page is the right starting point if the business has to act.
- 1
No advice for employees On this page we advise employers, not employees.
- 2
Specialist topics If the focus is solely on data protection or AI, the specialised pages will take you further.
- 3
The decision remains yours You decide which measure to take, based on our assessment.
What you should have ready
- Employment contract and supplementary agreements.
- Chronology of the facts.
- Previous formal warnings.
- Details of works council and size of business.
Your contact
Lawyer · Partner · Specialist lawyer for IT law · Specialist lawyer for family law
View profile Düsseldorf, Schirmerstraße 80 · Hamburg, Palmaille 124
ReviewsWe do not check reviews of us on other platforms that we do not quote verbatim for authenticity. They may therefore also come from people who are not our clients. The rules of the respective platform apply. Reviews that we quote verbatim on our website, by contrast, have been checked for authenticity within the meaning of Section 5b(3) UWG (German Act against Unfair Competition): we compared the reviewers’ names with our client register. We also asked the respective platform to check the reviews for authenticity.
What clients say
5,0 von 5 · 71 Bewertungen auf anwalt.dePeriod: October 2018 to date · As of: 28 October 2026
“Quick, helpful and honest communication. Clean and reliable work. Any time again. Many thanks” (translated from German)
“The lawyer is more than competent, excellent and one of the best I have had so far. He is always available, has already won 2 of my 2 cases and I can recommend him wholeheartedly! Very obliging as well. Thank you again for your efficient and effective work!” (translated from German)
“How lucky that I found Mr Bohne for my case. He gave me a feeling of security and he simply knows his job. No rip-off, no hidden costs. I can recommend him 100%.” (translated from German)
FAQ
What questions do employers ask?
When should an employer have a dismissal reviewed beforehand?
At the latest when the facts are not fully documented, special protection against dismissal appears possible, a works council must be involved, length of service or size of the business are relevant, or an unfair dismissal claim is to be expected.
From the employer's point of view, is a termination agreement the safer route?
Not automatically. A termination agreement can make economic sense, but it needs a clear negotiation and settlement structure. Garden leave, holiday, bonus, reference, devices, confidentiality, return of property and open claims should be regulated.
When does a formal warning really help?
When it describes the specific breach of duty precisely, fulfils a clear warning function and fits the conduct. In our experience, general or imprecise warnings tend to weaken later measures.
May employers use email, video, chat or log data?
That depends on the origin, purpose, transparency, legal basis, internal rules and the specific procedural situation. Employment law, data protection and the admissibility of evidence should be examined together.
When does using freelancers become risky under employment law?
When external staff are closely integrated, receive instructions, show no business structure of their own or are in fact managed like employees. The contract and the actual cooperation must match.
Can ITMR be engaged on an ongoing basis as an external legal department?
Yes. This makes sense if HR, contract, data protection, IT and compliance questions arise repeatedly and there is no specialised legal structure in-house.
Next step
Is your line as an employer set before the measure?
Whether dismissal, termination agreement, formal warning, employment contract, employee data, freelancer structure or an ongoing HR question – employers gain certainty when the measure, evidence, documentation, communication and interfaces are brought together in advance. Your contacts are Dr. Alexander Pleh, Andreas Buchholz and Dominik Skornia with their team. Dr. Alexander Pleh and Andreas Buchholz are specialist lawyers for IT law; Dominik Skornia is a lawyer focusing on data protection law and privacy litigation.
Helpful for your enquiry
- Planned measure
- Employment contract
- Chronology
- Deadlines
You can also submit documents after our first response.
Assess employer case
For businesses, management, HR and professional employer structures.
Have your employer case assessed, review the contract or dismissal situation.
Related services
Data protection law Employee data.Artificial intelligence AI in HR processes.External legal department Ongoing employer questions.IT law & digitalisation Digital business context.Service packages All packages.
From our blog: Email monitoring in the workplace · BAG on working time fraud