Dr. Roland Gastell

Lawyer, Specialist lawyer for labour law

Foreign languages: English


Contact

+49 30 513 022 770      roland.gastell@arvantage.de

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Vita

  • Member of the committee of specialist lawyers for labour law
  • Since 2016: Partner with ARVANTAGE
  • Since 2009: Recommendation by Handelsblatt and Best Lawyers® “Top Business Lawyers in Germany – experts in labour law”
  • 2007-2016: Partner with BMH BRÄUTIGAM
  • 2001-2007: Lawyer in Lovells law firm, since 2006 as a partner
  • Since 2001: Specialist lawyer for labour law
  • 1998-2000: Lawyer at PwC Deutsche Revision AG and lecturer at the Leuphana University of Lüneburg
  • 1997: Granting of a licence to practice as a lawyer
  • Awarding of a doctorate in economics and social sciences as Dr. rer. pol. at the Leuphana University of Lüneburg
  • Legal trainship at Kiel Regional Court
  • Studies of law at the University of Passau and the Christian-Albrechts-University of Kiel
  • Born in 1967


Publications

  • Surviving dependents inherit leave entitlement: Labour courts concur with the ECJ,
    Handelsblatt Rechtsboard, 03.12.2015
  • Loyalty bonus in the social compensation plan is no social compensation plan benefit – no exclusion employees for a limited period of time, DB comment, DB 2015, 1050
  • Court makes restorations more difficult: Protection against unfair dismissal only for all employees, Handelsblatt Rechtsboard, 23.02.2015
  • Transfer of part of a business – Binding law and subject-matter-theory, BB comment,
    BB 2014, 2430
  • Increased potential for danger – The assessment of danger, AuA 08/2013, 464
  • Clause for the flat rate remuneration of overtime, comment on judgement, BB 2012, 2572
  • “Klarenberg” is not the end, BB comment, BB 2012, 1802
  • Termination with the option of alterations to the agreement for transfer (together with
    Friederike Hubrich), AuA 04/2012, 212
  • No use of detectives for the preparation of damages or even as a punishment, BB comment,
    BB 2011, 959
  • Point of view: Discrimination of younger employees of public service with the remuneration?,
    BB 2010, 1915
  • Low Performer – the current status, HR Performance 03/2010, p. 40
  • No general claim for cease and desist of the works council in case of transfer, BB comment,
    BB 2010, 768
  • Re-interpretation of a termination after participation of the staff council, decision report,
    BB 2009, 1648
  • First inform, then install – introduction of Performance Management systems, Human Resources management 12/2008, p. 28
  • The right to employment, Personalmagazin 12/2008, p. 73
  • Secret control of employees, NJW 2008, 2945 (together with Dr. M. Dann, Düsseldorf)
  • How does the minimum wage work?, AuA 08/2008, 471
  • Point of view: Changes to the Federal Parental Benefit Act and Parental Leave Act,
    BB 2008, 1897
  • Working hours flexibilisation – work on call, AuA 04/2008, 200
  • Collective agreement commitment despite exit from the collective agreement?, Personalmagazin 04/2008, p. 76
  • Point of view: Termination of employment contracts – revocation or subsequent limitation?,
    BB 2008, 385
  • Transfer of business with the new placement of orders?, AuA 12/2007, 758.
  • Rehabilitation instead of dismissal, Human Resources management 12/2007, p. 50
  • Current case law with regard to the transfer of business, HR Services 05/2007, p. 22
  • Use of personnel consultants – contractual design, AuA industry leader personnel consultants, 2007, p. 58
  • Catering: Strategies regarding Section 613a BGB [German Civil Code], Personalmagazin 05/2007, p. 70
  • Working hours flexibilisation by work on call, VDI news 03/2007, p. 26
  • In- and outsourcing: New rules apply, Personalmagazin 03/2007, Praxisratgeber, [practical guidebook] p. 11
  • Job adverts by third parties – avoid liability according to AGG [General Equal Treatment Act], AuA 12/2006, 722
  • Transfer of business – The leeway for design is becoming more limited, AuA 11/2006, 662
  • Exclusion deadline with an extraordinary termination, AuA 08/2006, 494
  • No transfer of business in case of integration, AuA 06/2006, 365
  • Constraints of the branch-level collective agreement, Human Resources management
    03/2006, p. 53
  • Correction formulations with the concurrence with the pay scale, Personalmagazin
    02/2006, p. 38