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New Work
Actively shaping change in the world of work.

The structural change in the world of work driven by digitalization presents forward-looking companies with complex legal challenges. Terms such as New Work or Work 4.0 stand for the transformation of the established work environment and the departure from the traditional conception of work. However, the new types of work models described here, which include agile working, work-life blending, crowdworking and knowledge working, not only touch on a wide range of labor law issues, but also pose challenges in terms of occupational health and safety, working hours and data protection.

The transformation of the world of work driven by digitization and the changing needs of subsequent generations is tangible and accelerating. To remain competitive in the changing labor market of the future, it is advisable for companies to develop a goal-oriented, fully comprehensive strategy for new work models. Only a holistic assessment of the current situation can provide a valid basis for the necessary measures in the new working world, taking into account the company’s objectives. With our holistic, multidisciplinary approach, we support you in all legal issues related to the megatopic of New Work.

Further information on the topic of “Mobile Working Abroad” can be found on the page of our cooperation partner KPMG International Limited.

Consulting focus

  • Mobile work

    Mobile working requires the creation of a legally secure framework. It has long since ceased to be just matrix organizations that enable employees to work together flexibly across company and national boundaries. Digital exchange has become indispensable even in small companies and is becoming increasingly extensive and complex, regardless of the company structure. The large number of different digital collaboration options therefore requires the design of an optimal legal framework for mobile working – both at national and international level. We support you with comprehensive expertise in the field of “Work from Anywhere”.

  • Works council activity

    Companies in which employee representatives are involved must have future cooperation with these bodies on their agenda. The change in the world of work will not only have an impact on the activities of the works council or other employee representative bodies themselves, for example in the conduct of meetings by means of video or telephone conferences, with regard to specific further training measures, etc., but will also have an impact on the work of the works council and other employee representative bodies. Rather, the various subject areas of New Work also regularly affect matters subject to co-determination, so that the introduction and implementation of the (digital) transformation at company level also requires trusting cooperation with employee representatives.

  • Desk sharing and networked working

    The flexible use of workplaces by multiple employees is on the rise in more and more organizations – also in view of the benefits it offers companies. At the same time, desk sharing and networked work also require a legally secure framework, because they involve complex legal issues. On the one hand, mobile technology needs to be distributed nationwide, which brings data protection aspects into focus. On the other hand, in addition to challenges under labor protection and instruction law, any co-determination of the works council must always be taken into consideration, which may have to be complied with. To avoid unnecessary disputes, it is therefore advisable to design an optimal legal framework for the use of flexible office solutions, also with regard to the introduction of desk sharing. We support you in the legally compliant implementation of the trendy topic of desk sharing.

  • Matrix organizations

    In the age of “New Work,” more and more companies are allowing their employees to collaborate across companies or even across countries. In many sectors, there is also a pronounced “war for talent”, so that companies are also securing the best specialists on foreign labor markets in order to deploy them flexibly within the international group. The resulting cross-company or cross-country reporting and instruction lines can trigger a variety of legal issues and risks. The desired cross-company and cross-national cooperation can be realized in the form of a matrix organization under certain legal conditions. The general conditions of cooperation in the matrix organization must be documented. Furthermore, guard rails must be defined to limit legal and tax risks. Such risks may arise, for example, from the unauthorized hiring out of employees, unlawful data processing, non-compliance with legality obligations or the establishment of permanent establishments. We will be happy to provide you with legal support during the implementation of a matrix organization.

Publications

Contractual structures for international employee secondments

What should employers contractually observe in the case of international employee secondments?

Your contact person

Dr. Thomas Wolf

Partner
Head of Employment Law

Heidestraße 58
10557 Berlin

Tel.: +49 30 530199300
twolf@kpmg-law.com

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

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