Frank-Karl Heuchemer is the head of the German Labor and Employment Law practice group. He advises national and international employers on all aspects of individual and collective employment and labor law.
His experience covers the employment and labor law support of corporate transactions such as mergers and demergers and issues relating to the transfer of undertakings. These transactions are inevitably complex and international in scope, and Frank-Karl is adept at actively cooperating with lawyers of many different specialisms in such deals.
Employers trust Frank-Karl with major restructuring projects and related measures. Organizations value his insight into complex and important workplace issues. Thanks to his expertise, many employers have achieved the settlement of conflicting interests and developed workable social plans when negotiating restructurings and reductions in force with their works council.
Frank-Karl also has significant experience of optimizing existing systems of co-determination. He represents companies' interests in employment-related litigation before German labor and civil courts.
Frank-Karl is a member of the Lawyers' Association Frankfurt and the Working group on labor law of the German Lawyer Organization.
Kemira Oyj's €140 million divestment of ChemSolutions' Formic Acid Business, 2014
Frank-Karl was part of the team that advised Kemira Oyj, a global chemicals company headquartered in Finland serving customers in water-intensive industries, on the sale of its ChemSolutions' formic acid business to Taminco Corporation, a portfolio company of Apollo Management. Frank-Karl's involvement demonstrated his ability to assist his clients in a complex multijurisdictional M&A transaction.
Restructuring of HatiCon, 2014
Frank-Karl advised HatiCon, a manufacturer of mounting systems for the solar energy market and a company of the Norwegian SAPA Group, in its restructuring process, resulting inter alia in a lay-off of approximately 200 employees. He represented the company in the negotiations with employees, works councils and the trade union (IG Metall).
Clariant's sale of its leather services business, 2013
Frank-Karl advised Clariant, the Swiss world leader in specialty chemicals listed on the Zurich stock exchange, on the sale of its Leather Services business to Stahl, a chemicals group based in the Netherlands. For Clariant, this transaction essentially completed the restructuring of its group following the successful sale of its Textile Chemicals, Paper Specialties and Emulsions businesses and of its business unit Detergents & Intermediates. Frank-Karl drew on his experience of Labor Law to advise on its implications for the deal.
Deutsche Bank's acquisition of Xchanging Transaction Bank GmbH, 2013
Frank-Karl represented Deutsche Bank AG on the acquisition of the joint venture between Xchanging etb GmbH (Xetb) and Xchanging plc, which has been in operation since 2004. Deutsche Bank has taken over the 51 percent shareholding in Xetb previously held by Xchanging for a cash payment of €40.5 million. Frank-Karl contributed his experience of labor law issues to the deal.
Forum Energy Technologies' acquisition of Blohm + Voss Oil Tools from STAR Capital, 2013
Texas-based oil production specialist Forum Energy Technologies were able to utilise Frank-Karl's labor law expertise in the acquisition of Blohm + Voss Oil Tools from London-based private equity firm STAR Capital Partners Ltd. Forum Energy Technologies is a global provider of products and technologies which solve the challenges of the subsea, drilling and production sectors of the oil and gas industry. With locations in Hamburg, Germany and Willis, Texas, the implications on labor laws were wide-ranging and complex, and Frank-Karl was able to help steer the transaction through the ramifications of this cross-border deal.
De'Longhi's €214 Million Perpetual Licensing of Braun brand from Procter & Gamble, 2012
Frank-Karl advised small appliance manufacturer De'Longhi S.p.A. on the German aspects of its perpetual licensing of the Braun brand from the Procter & Gamble Company (P&G) in a deal worth up to €214 million. The agreement gave Treviso-based De'Longhi the perpetual right to use the Braun brand and connected patents within the small kitchen appliance, ironing and selected household appliance categories. Frank-Karl advised on the transfer of the employees from Braun to De'Longhi and all co-determination issues of the competent works council in connection with the integration of the employees into the operation of De'Longhi.
Motorola's transfer of the networks business to Nokia Siemens Networks, 2011
Frank-Karl advised Motorola on all labor and employment law aspects of the sale and transfer of its networks business to Nokia Siemens Networks. He advised on the transfer of the employees attributable to Motorola's networks business to Nokia Siemens Networks, as well as on all relevant co-determination issues including the negotiation of a reconciliation of interest and social plan with the works council.
Go Sick – If the staff collectively calls in sick, Der Betrieb, Issue 50, p. M5, 2016, (Go Sick – wenn die Belegschaft kollektiv krankfeiert)
Transfer of operations in IT-services – 50% transfer of workforce can be sufficient. Commentary on the decision of the German Federal Labor Court, BB, Issue 50, p. 3147, 2012, (Betriebsübergang im IT-Service ‒ Übernahme von 50% der Belegschaft kann ausreichen) — (BAG) of June 21, 2012" ‒ 8 AZR 181/11
How to properly prepare Bonus Agreements, Personalmagazin, Issue 11, pp. 26–27, 2011, (Bonusabreden richtig vorbereiten)
Challenges for the temporary working sector, BB, Issue 12, pp. 758–763, 2011, (Herausforderungen für die Zeitarbeitsbranche) (co-author)
New Ordinance on the Supervisory Requirements for Institutions' Remuneration Systems (Remuneration Ordinance for Institutions), WM, Issue 48, pp. 2241–2248, 2010, (Neue Verordnung über die aufsichtsrechtlichen Anforderungen an Vergütungssysteme von Instituten (Instituts-Vergütungsverordnung)) (co-author)
Older contracts may be subject to the dynamic reference to collective bargaining agreements following a business transfer, BB, Issue 37, p. 2245, 2010, (Fortgeltung der dynamischen Verweisung auf Tarifverträge nach Betriebsübergang teilweise auch bei Altverträgen. Anmerkung zum Urteil des BAG vom 21.10.2009 – 4 AZR 396/08) (co-author)
Leading Individual, Who's Who Legal 2018/2019
Labour & Employment, Germany
Highly Recommended Lawyer, Best Lawyers/Handelsblatt 2018
Labor and Employment Law