Axel J. Klasen

Partner

Phone: +49 711 18 76 171

E-Mail:



Certified specialist lawyer for employment law

Axel J. Klasen specializes in cases of employment and labor law as well as in closely related cases of corporate law (representation of corporate bodies and codetermination, amongst others) at our law office in Stuttgart. One of his focal points is collective labor law. His activities in this field include collective bargaining agreement negotiations as well as employer representation in conciliation and arbitration matters. Add to that reorganization, restructuring and corporate acquisition matters, in which his legal know-how gathered in corporate insolvency cases throughout the industries serves him particularly well.

Mr. Klasen has comprehensive expertise and experience in

  • Consulting and representing both private and public employers in matters of individual and collective labor law, including nation-wide litigation services in all instances,
  • Consulting and representing managers, management boards, supervisory boards and chief physicians,
  • Negotiating and finalizing settlements of interests and redundancy plans, including the hiring of transfer companies,
  • Legal support in business transfers as well as in/outsourcing of business divisions and functions,
  • Consulting and representational services for liquidators and business liquidations in matters of employment and labor law as well as
  • Legal matters in the automotive, banking, construction, chemical/pharmaceutical, energy supply, hospital & health management, public transport, software & semiconductor, housing and food industries.


As a seasoned certified specialist lawyer for employment law employment and labor law and as an HR manager with practical experience, Axel J. Klasen is a consulting partner much sought after not only by HR managers but also by business leaders in general in all matters of employment and service contract law. He proactively represents his clients in finding efficient solutions outside of court and is equally prepared to implement them in court in all instances as well.

Curriculum vitae

Born in: 1963

Universities: Saarbrücken, Cologne and Freiburg

February 2015 to present

Attorney at the law firm of HEUSSEN Rechtsanwaltsgesellschaft mbH

2011 - 2015

Attorney at MELCHERS law firm, Heidelberg

2009 - 2010

HR manager at DGH Group, Dohna, Germany

1999 - 2009

Attorney at KÜBLER law firm, Dresden

1998 to present

Specialized attorney for employment & labor law

1994 - 1998

Attorney at the law firm of Nörr LLP, Dresden

1994

Admitted to the German bar as attorney

1992 - 1993

Editorial assistant at the University of Frankfurt

1991 - 1994

Paralegal work in Essen, Darmstadt, Frankfurt and Bad Homburg, Germany, and in Brussels, Belgium (EU Commission, Dept. for Industrial Relations and Labor Law)

1987 - 1991

Research fellow at the Faculty for State, Administrative and International Law under Prof. Dr. Fiedler, Saarland University

1984 - 1991

Law studies at the Universities of Saarbrücken, Cologne and Freiburg
Post-graduate studies in European integration at the Europa-Institut of Saarland University

Statement of experience

  • Individual and collective labor law
  • Service contract law
  • Insolvency labor law
  • Restructuring, reorganization
  • International labor law

Memberships

  • Dresden Lawyers Association (Dresdener Anwaltverein e.V.)
  • DAV Working Group (ARGE) for Labor Law, German Lawyers Association (DAV)
  • German Lawyers and Tax Advisors Association for Medium-sized Businesses (DASV)
  • Association des Anciens Stagiaires des Communautés Européenes (ADEK)
  • Alumni Association of the Europa-Institut School of Law at Saarland University (Ehemaligen-Vereinigung des Europa-Instituts Rechtswissenschaft der Universität des Saarlandes e.V. - EVER)

Publications

Publications

  • Articles
    • Specific HR aspects relating to mergers under labor law ("Fusionen, Herausforderungen für das Personalmanagement"), Schwaab/Frey/Hesse (eds.), Heidelberg, 2003, pp. 71-106 
    • Regular columnist in employment law for the Human Resources Manager (www.humanresourcesmanager.de)

  • Comments on Federal and Regional Court Decisions in Germany
    • Compensation of disadvantages due to operational change if the insolvency administrator fails to appeal to the conciliation board, German Federal Labor Court (BAG) 1 AZR 186/16, legal publication EWiR 2018, 349 
    • But will holiday entitlements be transferred indefinitely beyond the reference period? Commentary on European Court of Justice (ECJ) C-214/16, legal publication BB 2017, 3072 " Article as PDF file 
    • Mass dismissal protection - Determination of the term of dismissal for parental leave, German Federal Labor Court (BAG) 6 AZR 442/16, legal publication EWiR 2017, 347 
    • On the reporting obligations to the Economic Committee of a joint enterprise after the opening of insolvency proceedings, German Federal Labor Court (BAG) 1 ABR 10/14, legal publication EWiR 2016, 507 
    • Dispensability of the consultation procedure before collective redundancies in negotiations with the works council on a reconciliation of interests, State Labor Court (LAG) Hannover, 5 Sa 1318/14, legal publication EWiR 2015, 655 
    • Only unconditional release from work fulfils the holiday entitlement, German Federal Labor Court (BAG) 9 AZR 455/13, legal publication GWR 2015, 305
    • Employment termination due to job redundancies as a direct result of business organization decisions, German Federal Labor Court (BAG), 2 AZR 422/13, legal publication EWiR 2015, 127 
    • Constitutionality of banning consideration of former employees in cases of employment without material reason, Baden-Wuerttemberg State Labor Court (LAG), 7 Sa 64/13, legal publication GWR 2014, 205 
    • Statute of limitations on claims redundancy programs, Düsseldorf Regional Labor Court (LAG), 5 Sa 823/13, legal publication EWiR 2014, 195 
    • Challenge of decision on retention payments, German Federal Labor Court (BAG), 6 AZR 980/11, legal publication GWR 2014, 64 
    • Legal effectiveness of age limits in corporate agreements, German Federal Labor Court (BAG), 1 AZR 417/12, legal publication EWiR 2013, 635 
    • Supervisory board elections and active voting rights of joint operation employees, German Federal Labor Court (BAG), 7 ABR 47/11, legal publication GWR 2013, 381 
    • Possibility of sick leave as obligation to offer part-time positions due to resulting operational downtime, European Court of Justice (ECJ), C-335/11, C-337711, legal publication GWR 2013, 
    • Company-wide provisional redundancy plans incl. general works councils, German Federal Labor Court (BAG), 1 AZR 119/11, legal publication EWiR 2012, 749
    • Invalidity of contractually regulated overtime compensation, German Federal Labor Court (BAG), 5 AZR 765/10, legal publication EWiR 2012, 511 
    • Raising minimum number of employees required for one-third codetermination in older joint-stock companies to five, German Federal Court of Justice (BGH), II ZB 14/11, legal publication EWiR 2012, 311 
    • Suspension of redundancy packages over disability benefits, German Federal Labor Court (BAG), 1 AZR 34/10, legal publication EWiR 2012, 71 
    • Direct insurance as company pension option in case of insolvency, German Federal Labor Court (BAG), 3 AZR 334/06, legal publication EWiR 2010, 767 
    • Company pension insolvency safeguards in former East Germany, German Federal Labor Court (BAG), 3 AZR 660/09, legal publication EWiR 2010, 517
    • Business transfers, successor liability and legal definition of decommissioning, German Federal Labor Court (BAG), 8 AZR 766/08, legal publication EWiR 2010, 319 
    • Validity of notifications of collective redundancies without statement by the works council, German Federal Labor Court (BAG), 8 AZR 273/08, legal publication EWiR 2010, 161 
    • Reduced redundancy benefits for early retirement pensions, German Federal Labor Court (BAG), 1 AZR 475/07, legal publication EWiR 2009, 429 
    • Single term limit for apprentices, German Federal Labor Court (BAG), 7 AZR 795/06, legal publication EWiR 2008, 379

  • Decisions
    • Classification of procedural costs during cost determination process based on insolvency regulations, German Federal Labor Court (BAG) decision (3 AZB 35/05) from 19/09/2007, legal publication ZIP 07, 2141 
    • Validity of three-month period of notice pursuant to Sec. 113 of the German Statute on Insolvency (InsO) in employment relationships first established by insolvency administrators, Berlin State Labor Court (LAG) decision (23 Sa 450/07) from 11/11/2007, legal publication ZIP 07, 2002 
    • Bank customer’s obligation to pay fees, Dresden Higher Regional Court (OLG) decision (7 U 2238/00) from 08/02/2001, legal publication Capital (Issue 12/2001)

 

 

Seminars & Lectures

Presentations

  • Lecturer at the media Akademie - Hochschule Stuttgart and the Duale Hochschule Baden - Württemberg (DHBW) Stuttgart 
  • The year in review - Update on labor law, Recruiting Forum - Hochschule Pforzheim, 2017-01-20, 2018-01-26 and 2019-01-25 (planned) 
  • Internet of Things: Unprotected data - open information? Conference Industry 4.0 and the Internet of Things - Digitalization permeates all industries, TA Esslingen, 08. 03.2016, (together with att. Mark Münch LL.M.) 
  • Rapid change and corporate co-determination: a contradiction? Lecture at the Personnel Conference 2016 of TA Esslingen, Arbeit 4.0, 01./02.06.2016 
  • Restructuring and reorganization from a labor law perspective - current legislation and practical approaches, HR seminar "Personaltagung 2015" sponsored by Technical Academy Esslingen (TAE), HR management seminar "Personalmanagement – Impulse 2015", Germany, 10-11/06,2015 
  • New legislation by German Federal Labor Court (BAG) regulating voluntary remuneration components and bonus payments, workshop sponsored by Working Group for Labor Law, German Lawyers Association (DAV), Hamburg, 12/09/2014 
  • Labor law relative to HR departments, Chamber of Industry and Commerce (IHK) of the German Palatinate, 2013, 2014 & 2015 
  • Art. 141 EC and directives on equal opportunity employment, presentation on European labor law, University of Leipzig, summer semester 2008 
  • Government regulations on term limitations, labor law forum "Abendforum Arbeitsrecht", German Association for Personnel Management (DGFP), Leipzig, 20/06/2007 
  • Individual and collective labor law with a focus on unique aspects of hospital labor law, Dresden International University, June 2007 (co-presentation with Dr. Franz-Ludwig Danko) 
  • Individual and collective labor law with a focus on working time regulations, in-house seminar at maximum care hospital, Germany, 2007

 

 

 

Stuttgart

HEUSSEN Rechtsanwaltsgesellschaft mbH
Seidenstraße 19
70174 Stuttgart
Deutschland (Germany)
  Location details

Foreign languages: German, English, French

Practice groups:
Employment & Human Resources