Dissertation: Legal Interim Management

Legal Interim Management

und Berufsrecht der Rechtsanwälte in Deutschland

Schriften zum Berufsrecht, Band 6

Hamburg 2016, 190 Seiten
ISBN 978-3-8300-8943-8 (Print), ISBN 978-3-339-08943-4 (eBook)

Angelsächsisches Modell, Arbeitnehmerüberlassung, Berufsrecht, Doppelberufstheorie, Holländisches Modell, Illegale Arbeitnehmerüberlassung, Interim Management, Rechtsberatungsmarkt, Rechtsdienstleistungen, Scheinselbstständigkeit, Syndikus, Syndikusanwalt, Vertragsmuster Legal Interim Management

about this book

deutsch | english

Super temporary workers, what is that you will wonder? Very well trained professionals have developed a niche in many industries. They accept temporary employment for companies. On the spot to replace a person who is temporarily off the job, to develop the company’s know-how or to participate in a project. Intentional and knowingly these professionals go into self-employment. This area is mainly known in the modern sectors of the so-called New Economy. The freedoms to decide for whom you work how long, as well as the place of performance are crucial factors for the consultants for this type of profession. Even in traditional industries this innovative HR tool is getting more and more followers. In addition to the classic legal advice, in the field of legal services, other exciting areas have shown, that are in high demand due to the constant change of regulatory requirements. Especially in the areas of compliance, data protection, contract- and risk management. There is an enormous demand by companies in these areas for well-trained specialists. Companies cover this demand increasingly flexible with temporary contracts. The reason is obvious, fast and flexible employment, without extensive training and immediate availability. Recruitment agencies (provider) provide these super temporary workers. They are placing themselves contractually between the interim manager and the company or close with both a contract for a commission. Under German law, this raises the question of the inclusion in the organizational procedures of the company and the related question of the examination of a possible bogus self-employment. The contract of work law and the illegal personnel leasing are here the keywords that have to be observed. For the as an interim manager working lawyer it furthermore arise the question of compatibility with the legal profession and the contract design should be well-considered. This thesis presents the area of legal interim management and displays possible conflicts with the legal profession of lawyers. The findings are enriched with the experience of the author as legal interim manager and lead to a proposal for a draft contract.

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