English / German
Insolvency Law & Restructuring - Labour Law
Consumer Goods & Services/Retail - Digital, Media & Technology - Public Sector
Dr Gerald Müller-Machwirth is Partner at ADVANT BEITEN's Frankfurt office and member of the Labour & Employment Law practice group. He assists companies in different industrial areas in all matters of labour and employment law and represents his clients in court. Dr Müller-Machwirth has particular expertise in matters of temporary employment law and the law governing the legal profession and supports in particular in-house lawyers in admission-related issues. He is regularly involved in corporate reorganisation processes and is involved in corporate transactions. Furthermore, he frequently acts on behalf of English-speaking companies.
Dr Müller-Machwirth studied law at the Universities of Trier, Sheffield (U.K.) and Cologne ( (Second State Examination in 2007, Dr iur. 2007). In 2008, Dr Müller-Machwirth was admitted to the German Bar and has been exclusively working on labour and employment law matters since. He started his legal career at Luther Rechtsanwaltsgesellschaft in Cologne. Since 2010, he has been working with ADVANT Beiten, as a Partner since 2013.
"An extremely reliable, likeable and pragmatic consultant whose work results are legally flawless and can be implemented excellently in practice. He has a good memory of past joint projects that have already been completed, which is extremely helpful, especially in a widely branched company with many stakeholders involved, and is not a given when compared to the market."
Books:
Co-determination in social matters
Dr Gerald Müller and Dr Thomas Drosdeck
Handbook of Law, Economics, Taxation, 2022, p. 217 ff. Ed.: Holger Dahl
Labour Law in Business Consultancy and Legal Advisory Organisations
Dr Gerald Müller, co-author
in: Sozietätsrecht - Handbuch für rechts- steuer- und wirtschaftsberatende Gesellschaften, p. 736-842 Ed. Peres/Senft, C.H. Beck 3rd edition 2015
Not all Travel Time is Working Time
Dr Gerald Müller
in: Modernes Geschäftsreisemanagement 2013, Alabasta Verlag 2000, Ed.: Gerd Otto-Rieke (co-author)
The Placement-Oriented Application of Commercial Employee Leasing in a Personell Service Agency (PSA)
Dr Gerald Müller
Doctoral Thesis, University of Trier, 2007
Essays/Articles:
Babylonian Confusion of Languages in the Workplace? Company language in the individual employment relationship
Dr GeraldMüller-Machwirth
SPA 15/2022, p. 117 et seq.
Regulation on Limited Consideration of Travel Times in Company Agreements
Dr Gerald Müller-Machwirth and Dr Thomas Barthel
Der Betrieb 31/2020, p. 1632
Involvement of Representative Body of Severely Disabled Employees in Case of Dismissal
Dr Gerald Müller-Machwirth and Dr Thomas Barthel
Der Betrieb, 12/2019, p. 706
Involvement of Representative Body of Severely Disabled Employees in Case of Dismissal
Dr Gerald Müller-Machwirth and Dr Thomas Barthel
Der Betrieb, 07/2019, p. 373
Caution with Dismissals under Collective Power of Representation
Dr Gerald Müller and Dr Thomas Barthel
Der Betrieb, 37/2017, p. 217
Right of Instruction: Changes of Case Law Ahead? (Interview)
Dr Gerald Müller
www.der-betrieb.de, 29 June 2017
Limits for the Shaping of Time Limitations – Abuse Alert System
Dr Gerald Müller and Dr Thomas Barthel
in: DER BETRIEB, 23/2017, p. 1329 et seq.
Not without consulting the ombudsperson
Dr Gerald Müller
in: Labor Law Magazine, 01/2017, p. 24 et seq.
Adequate Additional Payment for Continuous Night Work - Discussion of the Decision by the German Federal Labour Court dated 09/12/2015 – 10 AZR 423/14
Dr Gerald Müller and Dr Franziska v. Kummer
DB 2016, p. 597 et seq.
The Reformation of the Legislation on In-House Counsels - Resolved and Outstanding Issues
Dr Gerald Müller and Dr Franziska von Kummer
schnellbrief 2/2016, 13 et seq.
Right to Consult a Lawyer in Personnel Matters - When Does the Employee's Request Have to be Fulfilled? (Part 2)
Dr Gerald Müller and Martin Fink
schnellbrief, edition 12/2015, pp. 89
Right to Consult a Lawyer in Personnel Matters - When Does the Employee's Request Have to be Fulfilled? (Part 1)
Dr Gerald Müller and Martin Fink
schnellbrief, edition 11/2015, pp. 81
Revocation of Appointment as Data Protection Officer
Dr Gerald Müller and Dr Thomas Barthel (comment on Federal Labour Court decision of 23 March 2011- 10 AZR 562/09)
Arbeit und Arbeitsrecht 2011, pp. 729 et seq.
Obligation to Pay Remuneration? Travelling Time Does not Necessarily Count Towards Working Time
Dr Gerald Müller and Dr Thomas Barthel
Arbeit und Arbeitsrecht 3/2011, 152 et seq.
Lectures:
Inhouse seminars, client events (selection):
Act on The Reformation of the Legislation on In-House Counsels, client seminar 2016
Assignment of Third Parties to the Company - Feigned Self-Employment and Risk Prevention, client work shop 2015
Canon law in the field of employment, inhouse seminar 2015
Occupational Integration Management, client seminar 2015
Employment Law for Start-ups, The Berlin-Brandenburg Business Plan Competition, various lectures since 2014
Possible Structures for External Staff Deployment, client seminar 2014
"Time and Again at the End of Every Year - Typical and Tricky Cases Under German Vacation Laws", client seminar 2013
Blackberry and Law, lecture ITB 2013
How to Perform Operational Changes at Reasonable Costs – Making Best Use of Existing Laws, Going Easy on Liquidity, event by Betriebsberater and Beiten Burkhardt "Creative Labour Law Solutions" 2013
Handling Low Performers, HRM forum, workshop 2013
Facebook & Co. in Labour Law – Practical Assistance in HR Daily Work, client seminar 2013
Lecturer at the Berlin School of Economics and Law (HWR)
