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Patric Schiweck

Lawyer & Notary
Specialist lawyer for labour law

Vita:

  • Year of birth: 1974 
  • Law studies at the Johann-Wolfgang-Goethe University of Frankfurt 
  • Research assistant at the chair of Prof. Dr. Rückert: 2002 – 2006
  • First bar exam: 2005 
  • Legal clerkship at the Regional Court Darmstadt with focus on labour law: 2005 – 2007 
  • Second bar exam and start of employment at the office: 2007 
  • Achievement of special knowledge in the field of labour law: 2008 
  • Achievement of basic knowledge for the notaryship: 2011 
  • Specialist lawyer for labour law since 2012 
  • Appointment as notary in 2014 
  • Achievement of special knowledge in the field of banking and capital market law: 2015

Main activities:

Notary * Labour law * Banking and capital market law * Commercial and corporate law * Commercial agent law

Individual/collective labour law and service law for managing directors

As a specialist lawyer for labour law, I offer comprehensive support and advice in both individual and collective labour law. In this respect I advise and represent my clients, for example in connection with:

  • Employment and managing director contracts, training or trainee contracts; 
  • Collective agreements and company agreements; 
  • Advanced training contracts and company car agreements; 
  • Representations, time limitations and part-time work; 
  • Pregnancy and parental leave; 
  • Flexible working hours; 
  • Restructuring and transfers; 
  • Warnings and admonitions; 
  • Notices, terminations and wind-up agreements; 
  • Transfer of undertakings and operational changes; 
  • Industrial constitution law and staff council law; 
  • Negotiations on reconciliation of interests and social plans; 
  • Labour law in the public sector and church-related labour law. 

In addition to my advisory activities, I also represent my clients before all labour courts, integration offices, in status determination proceedings regarding the German statutory pension insurance scheme (DRV Bund) and in arbitration committee proceedings.

Law of personnel services, consultants, service providers and subcontractors

Increasingly, work is no longer done by permanent staff. The desire for flexibility, specialisation and cost optimisation has led to a wide range of personnel services.

I support clients and personnel service providers in all phases of contract processing, from the foundation and initial business contact phase, the definition of performance targets, contract negotiations, the enforcement of contractual agreements, fee claims, but also the defence of unjustified claims, through to contract termination or the solution of competition law problems. Especially with regard to:

  • Outtasking through contracts for work or contracts of service; 
  • Contracts for freelancers; 
  • Consultancy contracts; 
  • Employee assignment; 
  • Recruitment, search for personnel and headhunting; 
  • Teaching, seminar and training contracts; 
  • Promoter contracts and contracts for the conduct of lectures; 
  • Contracts for the provision of licenses and operational know-how. 

Distribution law, commercial agents and insurance agents law

I provide support in setting up and optimising sales structures – regardless of whether your concept provides for sales by sales representatives, independent sales representatives, authorised dealers, franchise or commission business. Naturally, I will advise you comprehensively with due consideration of associated antitrust and competition law issues as well as relevant consumer protection regulations.

Furthermore, I thoroughly support independent commercial agents/brokers as well as insurance agents/brokers in all matters relating to sales law, from precautionary advice on the conclusion of contracts, the execution of contracts, commission disputes and competition law issues through to matters in connection with the termination of commercial representation, the development of succession solutions and the assertion of compensation claims.

Commercial law, in particular sales law and distribution law

I advise and represent my clients in connection with all commercial transactions, from the preparation of general terms and conditions for purchase, sale and delivery to the drafting of contracts also in the area of high-quality capital goods including related financing transactions (leasing, factoring, external financing, equity financing), the processing of warranty cases, the collection of receivables and the defence against unjustified claims.

Furthermore, I represent my clients with regard to all legal areas related to commercial transactions, in particular freight forwarding and transport law, as well as commission and warehousing transactions.

Receivables management and support for collection and factoring companies

In the area of receivables management, I provide support for both large quantities and individual cases and offer customized solutions tailored to your individual needs in coordination with your operational dunning system. Furthermore, I will gladly assist your external collection agency or factoring service provider. My services include:

  • Handling of the complete dunning process; 
  • Enforcement of both contentious and non-contentious claims; 
  • Titling of claims in court collection proceedings and lawsuits; 
  • Collection of already titled claims both out of court and in compulsory execution proceedings; 
  • Conclusion of instalment payment settlements; 
  • Monitoring of non-performing claims in insolvency proceedings and in discharge of residual debt proceedings

I support collection agencies and factoring companies in drafting internal and external contracts, in asserting their rights towards their customers, in determining their obligations, in defending against unjustified claims and in collecting remuneration claims. In the external relationship I enforce contentious customer claims after dunning procedures in legal proceedings and transfer the titled claims back to processing.

My academic education allows me to competently advise my clients even beyond these main activities at any time. In addition, I provide support in finding an in-house or external contact person specialized in related legal issues and will assist him/her in an interdisciplinary manner.

Foreign languages:

  • English
My areas of law are