München
Michel J. Attenberger, LL.M. (UTS)
Labour Law
Digital and „Industrie 4.0“
Hospitality
Health Care
T +49 (89) 290 50-230
F +49 (89) 290 50-290
E regrebnetta.m@zirngibl@.de
Office:
Yagmur Özdemir
y.oezdemir@zirngibl.de
Attorney at Law / Partner
Specialist lawyer in employment law
FOREIGN LANGUAGES
English
PRACTICE AREA
Mr. Attenberger advises and represents SMEs and enterprise groups in individual and collective employment law, particularly termination of employment, restructuring, and matters relating to wage scale agreements. He works at courts all over Germany on dismissal protection cases and collective-bargaining disputes for our clients, supporting them in all aspects of day-to-day employment law matters.
Mr. Attenberger supports executives and management bodies both when creating their employment agreements and on termination of their employment.
In addition, Mr. Attenberger advises companies in the healthcare industry as well as other service providers on all issues of medical law.
The clients served by Mr. Attenberger include companies from a variety of industries including food production, healthcare, and the financial and real-estate sector.
AWARDS AND RECOGNITIONS
Our clients particularly value Mr. Attenberger for his quick reaction times and his professional and successful litigation skills at labor courts.
CAREER
- Studied law in Bielefeld und Cologne
- First State Law Exam in Cologne
- Postgraduate studies for Master of Laws (LL.M.) at University of Technology Sydney in the fields of corporate and commercial law and medical law
- Advanced practical legal training at Berlin Higher Regional Court
- Second State Law Exam in Berlin
- Licensed to practice law since 2014
- Closure of an umbrella association in the foodstuff industry
- Advising a paper and printing company when exiting the wage scale agreement
- Hospital closure for a hospital company operating throughout Germany
- Due-diligence consulting for purchase of a hospital location
- Consulting on a merger of hospital companies
- March 21, 2019: Social plan severance payments can be offset against statutory compensation for disadvantages
- March 21, 2019: Termination agreements are irrevocable
- March 21, 2019: Expiration of vacation entitlements – employers bear the burden of initiative
- January 31, 2019: Rollback on fixed-term contracts without objective reason despite previous employment (change in case law)
- December 20, 2018: Microsoft Excel as a technical monitoring device
- December 4, 2018: On the invalidity of general exclusion clauses in standard employment contracts
- December 4, 2018: The inheritable vacation entitlement
- August 28, 2018: Knowledge of the existence of a final examination and continued employment of a trainee establishes an employment relationship
- May 15, 2018: Conciliation committee may not impose minimum staffing requirements for nursing staff
- 14.03.2018: Forfeiture of the right of objection in the event of a transfer of business
- 12.02.2018: No valid works council resolution in the absence of a summons to substitute members
- 12.02.2018: Continued validity of a dynamic reference to ecclesiastical labor law after transfer of business to a secular acquirer
- December 21, 2017: Granting of time off in lieu to reduce “overtime” regularly possible on a unilateral basis
- November 14, 2017: Provision of personnel – works council co-determination on working hours
- 14.11.2017: Employees are not required to comply with an unreasonable (transfer) instruction from their employer, even on a temporary basis (change in case law)
- September 14, 2017: Exemption from the obligation to work – works council's right to apply
- August 22, 2017: On the validity of a limitation period that does not expressly exclude minimum wage claims
- August 22, 2017: Prohibition on the use of usage data obtained by means of “keyloggers”
- July 11, 2017: Work stoppage by works council member to ensure rest period before works council meeting is lawful
- July 11, 2017: Transfer – employee's obligation to take up work despite potentially unreasonable instruction hanging in the balance?
- June 12, 2017: On the effect of dynamic reference clauses after a transfer of undertakings
- June 12, 2017: Short notice period during probationary period requires clear regulation
- April 27, 2017: Decision on works council's request for dismissal restricts protection against dismissal
- April 27, 2017: Manipulated deposit payment justifies extraordinary dismissal – utilization of a chance find
- February 14, 2017: Works council co-determination in employer's Facebook presence
- February 14, 2017: Mass layoffs – discrimination against persons on parental leave
- January 10, 2017: Discrimination no longer requires objective suitability of the applicant (change in case law)
- 14.10.2016: Offsetting special annual payments against the minimum wage
- 14.10.2016: Anti-discrimination directive does not apply to bogus applicants
- 19.07.2016: Cleaning of hygiene clothing in food businesses – who pays?
- July 19, 2016: Disguised temporary employment – still (!) applicable law
- June 20, 2016: Effects of “net wage optimization” on social security contributions
- June 20, 2016: Continued payment of remuneration during outpatient treatment
- May 17, 2016: Taking parental leave – written form requirement
- May 17, 2016: Preserving a collective agreement exclusion period by filing a lawsuit
- May 13, 2015: Vacation pay and annual special payments may not be counted toward the statutory minimum wage
- May 13, 2015: Cut-off date rule for union members with claims to benefits under collective agreements
