Last Updated October 31, 2018

Law and Practice

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Luther Rechtsanwaltsgesellschaft mbH (Cologne) has more than 380 lawyers and tax advisers in ten national and six international offices, of which 16 specialise in outsourcing in the offices in Cologne, Frankfurt, Essen, Berlin and Stuttgart. The firm's key areas of practice are technology, media and telecommunications, data protection law, IT security, and public procurement law in the field of IT.

If an intended outsourcing leads to an operational change ('Betriebsänderung') in the establishment, the employer must negotiate a balance of interest ('Interessenausgleich') and a social plan ('Sozialplan') with the works council, in accordance with section 111 of the Works Constitution Act ('Betriebsverfassungsgesetz'). Such an operational change could be a splitting-up of the establishment (concerning the outsourcing establishment) or the merging of establishments or parts of it (concerning the insourcing establishment). An outsourcing does not have to be negotiated with a union in every case. However, depending on the importance of such outsourcing and the potential affect on whether or not collective bargaining agreements would still be applicable to employees, it might help to involve an union.

Luther Rechtsanwaltsgesellschaft mbH

Anna-Schneider-Steig 22
50678 Cologne

+49 221 9937 0

+49 221 9937 110

cologne@luther-lawfirm.com www.luther-lawfirm.com
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Authors



Luther Rechtsanwaltsgesellschaft mbH (Cologne) has more than 380 lawyers and tax advisers in ten national and six international offices, of which 16 specialise in outsourcing in the offices in Cologne, Frankfurt, Essen, Berlin and Stuttgart. The firm's key areas of practice are technology, media and telecommunications, data protection law, IT security, and public procurement law in the field of IT.

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