Lawyer & Notary
Specialist in labor law
- Year of birth: 1974
- Law studies at the Johann-Wolfgang-Goethe University, Frankfurt
- Research assistant at the chair of Prof. Dr. Rückert: 2002 – 2006.
1st state examination: 2005
- Legal clerkship at the District Court of Darmstadt with focus on labor law: 2005 – 2007
- 2nd state examination and joining the law firm: 2007
- Acquisition of special knowledge in the field of labor law: 2008
- Acquisition of basic knowledge for the notary’s office: 2011
- Specialized attorney for labor law since 2012
- Appointment as a notary in 2014
Main areas of practice
Notary * Labor law * Commercial and corporate law * Distribution law
Individual and collective labor law as well as executive service law
As a specialist in labor law, attorney & notary Patric Schiweck offers you comprehensive support and advice in both individual and collective labor law. In this respect, Mr. Schiweck advises and represents you, for example, in connection with
- the drafting of employment contracts, apprenticeship and trainee contracts as well as management service contracts;
- the application and interpretation of collective bargaining agreements, in particular the TVöD;
- the negotiation with works councils and staff representatives;
- the conclusion of works agreements and service agreements;
- the drafting of training contracts and company car agreements;
- substitutions, fixed-term contracts and part-time work;
- pregnancy and parental leave;
- the flexibilization of working hours;
- Restructuring and transfers;
- warnings and admonitions;
- dismissals and the conclusion of termination agreements;
- transfers of undertakings and changes in undertakings;
- Works constitution and personnel representation law;
- negotiations on reconciliation of interests and social compensation plans;
- Labor law in the public sector and church labor law.
In addition to his consulting activities, Mr. Schiweck will of course also represent you before all labor courts, the integration offices, in status determination proceedings vis-a-vis the German pension insurance as well as in conciliation board proceedings.
Law of personnel services, consultants, service providers and subcontractors
More and more frequently, work is no longer performed by permanent staff. The desire for flexibility, specialization and cost optimization has led to a wide range of personnel services.
Attorney Patric Schiweck accompanies clients and personnel service providers in all phases of contract execution, starting with the establishment and business initiation phase, the definition of performance goals, contract negotiations, the enforcement of contractual agreements, of fee claims, but also the defense against unjustified claims, up to the termination of the contract or the solution of competition law problems. In particular with regard to:
- Outtasking through contracts for work and services;
- Contracts for freelance work, for freelancers and freelancers;
- consulting contracts;
- Employee leasing;
- Recruitment, personnel search and “headhunting”;
- Teaching, seminar and course contracts;
- Organizer contracts and contracts for the performance of a lecture;
- Contracts on the transfer of licenses and business know-how.
- Distribution law and the law of commercial agents and insurance agents.
Mr. Schiweck supports you in setting up and optimizing your distribution structures – regardless of whether your distribution concept provides for distribution by sales representatives, by independent commercial agents, authorized dealers, in a franchise model or in commission business. It goes without saying that he will provide you with comprehensive advice, taking into account the associated problems under antitrust and competition law as well as the relevant consumer protection regulations.
Furthermore, Mr. Schiweck supports independent commercial agents/brokers as well as insurance agents/brokers comprehensively in all sales law issues, starting with preventive advice on the conclusion of contracts, the execution of contracts, commission disputes, competition law issues, up to questions in connection with the termination of the commercial agency, the development of succession solutions and the assertion of compensation claims.
Commercial law, in particular sales law and distribution law
Patric Schiweck advises and represents you in connection with all commercial transactions, beginning with the drafting of general terms and conditions of purchase, sale and delivery, the drafting of contracts, also in the area of high-value capital goods, including related financing transactions (leasing, factoring, debt financing, equity financing), the handling of warranty cases, the collection of claims and the defense against unjustified claims.
Furthermore, he represents you with regard to all legal areas related to commercial transactions, in particular in forwarding and transport law, commission and warehousing transactions.
Receivables management as well as support of debt collection and factoring companies
In the area of receivables management, Mr. Schiweck handles both mass proceedings and individual cases for you and offers customized solutions adapted to your individual needs in coordination with your company’s dunning system. He is also happy to work closely with your external collection or factoring service provider. His services include:
- Taking over the complete dunning process;
- Enforcement of both disputed and non-contested claims;
- Titling of claims in judicial dunning proceedings and in litigation proceedings;
- Collection of already titled claims both out of court and in compulsory enforcement proceedings;
- Conclusion of installment and partial payment settlements;
- Monitoring of non-performing receivables in insolvency proceedings and in residual debt discharge proceedings
Mr. Schiweck assists debt collection and factoring companies in drafting contracts both internally and externally, in enforcing their rights vis-à-vis their customers, in determining their scope of obligations, in defending against unjustified claims and in collecting payment claims. In external relations, he selectively enforces disputed customer claims in litigation following objection in dunning proceedings and returns titled claims to processing.
Outside of these main areas of practice, his academic training allows him to provide you with competent advice at any time. In addition, Patric Schiweck will be happy to help you find a contact person specialized in your particular legal problem, either in-house or, if necessary, externally, with whom he will also be happy to cooperate on an interdisciplinary basis.