Image

Markulf Behrendt

Partner

Email

markulf.behrendt@aoshearman.com

Phone

+49 40 82221 2171

Offices

Hamburg

V-CARD
Markulf’s combination of extensive experience in employment law, regular advice to leading B2C companies on complex proceedings, and his lecturing and speaking engagements on human resources issues, keeps him at the cutting edge of his field.

Markulf is former Head of the Global Employment & Benefits Group and he co-heads the German Compliance Group. Being known for his expertise in all employment law related issues, clients value his clear advice, ability to distil complex issues down to simple elements, and providing high quality, client first service. Markulf is frequently involved in advising on complex issues in relation with transactions, outsourcings, restructurings, reorganisations and post-M&A integrations, transfers of undertakings pursuant to sec. 613a German Civil Code, and related legal disputes. His long-standing client relationships include nationally as well as internationally based companies. 

With nearly 20 years of professional experience as an employment lawyer and over 10 years of heading the Employment & Benefits group in Hamburg, Markulf’s clients profit of his depth of expertise. Being regarded by colleagues and clients as highly pragmatic, he helps his clients through challenges, including the difficulties of company wind-ups, negotiations and restructurings. Markulf is able to outline complex legal issues easily understandable and always delivers a clean answer. He provides his clients with the opportunity to access his wide personal network which often opens unexpected business opportunities to them. 

His experience and expertise has established many long-standing client relationships, particularly with international companies where his advice deals with multiple legal jurisdictions. Markulf is also widely recognized for his lecturing on human resources issues (Wismar University) and regular publishing and speaking engagements. Clients regard him as proactive and personal.

Expertise

Industries

Experience

Representative matters

  • Airbus in the context of insourcing logistics services of an international logistics and freight transport company.
  • BCS Automotive Interface Solutions / Luxshare on a worldwide restructuring with plant closures or reorganisations in Germany, USA and Poland.
  • SAP SE on employment law aspects in connection with the agreement for the acquisition of Emarsys, a leading cloud-based omnichannel customer engagement platform Provider.
  • The market-leading U.S. technology company comprehensively on employment advice, including on the preparation and implementation of works council elections, HR compliance, complex termination processes and advice in connection with flexible working arrangements due to the Covid-19 Crisis.

Published Work

  • BAG: Auskunftsanspruch des Betriebsrats im Bereich des Entgelts; in Betriebs-Berater, 07.03.2022 p. 576
  • No obligation to release evaluable files containing salary lists in accordance with the Pay Transparency Act – but an obligation to create such files? – comment on ruling by German Federal Labour Court dated 23 March 2021 - 1 ABR 7/20 (published in German), BB 2022, 576
  • Federal Labor Court confirms the permissibility of transferring the risk of objection to the objecting employees in the case of asset deals – comment on ruling by German Federal Labour Court dated 19 May 2021 - 5 AZR 420/20 (published in German), BB 2021, 3008
  • State Labour Court of Nuremberg: Severance entitlement from social plan despite resignation of the employee (in collaboration with L. Hoffmann; comment on ruling by State Labour Court of Nuremberg dated 27/10/2020 - 7 Sa 157/20); in Betriebs-Berater, 11.2021 pp. 700 ff.
  • Uniform employment relationships in the event of transfer of an undertaking; (published in German); in collaboration with L. Hoffmann; in Betriebs-Berater, 27.2021 pp. 1652 ff.
  • Solving crimes in the company; (published in German); in Personalführung 4/2020, pp. 70 ff.
  • Return to time clock? (published in German); in Personalführung July/August 2019, pp. 70 ff.
  • The Pay Transparency Act - Transparency? No thanks! (published in German); in Süddeutsche Zeitung, no. 10, 12.01.2019, p. 59
  • Little transparency through the Pay Transparency Act (published in German), Rechtsboard-Blog 2018
  • EuGH turns German holiday law upside down (published in German); in: Handelsblatt, 19/11/2018
  • European Commission proposes directive to protect whistleblowers – scandals necessitate reform (in collaboration with I. Vanderreken); in: International Law Office, 31/10/2018
  • Whistleblower protection (published in German); in: Human Resources Manager, October/November 2018, pp. 86 ff.
  • Whistleblowing in the company - New legislation on dealing with whistleblowers (published in German); in: Personalführung 10/2018, pp. 72 ff.
  • Dealing with Whistleblowers – Sanction Protection, Policy Clutter and Compliance Systems (published in German); in: Der Betrieb, 13/08/2018
  • EU Directive proposal for protecting whistleblowers (published in German); in: Handelsblatt, 28/05/2018
  • Digital HR organisation from a legal perspective (published in German); in: Digital HR Organisation – Where we are, what we need (Appel/Wahler); Personalwirtschaft, 29/03/2018, chapter in book pp. 87 ff.
  • Workplace harassment – #metoo?; (in collaboration with V. Witzke, published in German); in: Arbeit und Arbeitsrecht, 03/2018, pp. 136 ff.
  • Low transparency achieved by the German Law on Payment Transparency (published in German); in: Handelsblatt, 08/01/2018
  • The German Law on Payment Transparency – “Zero Effect”? (in collaboration with V. Witzke, published in German); in: Betriebs-Berater, 51/52.2017, pp. 3060 ff.
  • Compliance in business travel (in collaboration with J. Zange, published in German); in: Arbeit und Arbeitsrecht, 12/2017, pp. 695 ff.
  • Preventative action with regard to avoiding compliance breaches in the context of bonus agreements (in collaboration with S. Pretzel, published in German); in: Compliance-Berater, 12/2017, pp. 454 ff.
  • The German Law on Payment Transparency – A clear view (published in German); in: Süddeutsche Zeitung, no. 277, 02‑03/12/2017
  • Compliance with the German Temporary Employment Act for foreign secondments (in collaboration with M. Weyhing, published in German); in: Betriebs-Berater, 42.2017, pp. 2485 ff.
  • Gap in the law (published in German); in: Der Spiegel, no. 37 09/09/2017, pp. 74 f.
  • Manager liability remains unclear (in collaboration with E. Braun, published in German); in: WirtschaftsWoche, 14/07/2017
  • The law requires communication (published in German); in: manager magazine, January 2017, p. 1
  • Employment and tax law in business practice e-cars in the company fleet? (published in German); in: Arbeit und Arbeitsrecht, 9/2016, pp. 556 ff.
  • When your boss suddenly appears on your doorstep (published in German); in: Human Resources Manager, October 2015, p. 15
  • Berlin Labour Court: Mass redundancies of ground handling staff at Tegel Airport – social plan ineffective (Comment on ruling by Berlin Labour Court dated 07/07/2015 – 13 BV 1848/15; published in German); in: Betriebs-Berater, 45.2015, pp. 2746 ff.
  • Legal requirements for recruiting and in using social media (published in German); in: manager magazin, Board Edition 4/2015, p. 8
  • Illegitimate favours for works council members in everyday business – Where are the limits? (in collaboration with N. Lilienthal, published in German); in: Kölner Schrift zum Wirtschaftsrecht, 2014, pp. 277 ff.
  • Informing employees correctly (in collaboration with S. Seidel, published in German); in: Arbeit und Arbeitsrecht, 2011, pp. 704 ff.
  • Annual leave and long-term illness (published in German); in: Betriebs-Berater, 2011, p. 3059
  • Annual leave entitlement can indeed lapse (published in German); in: Financial Times Deutschland, 29/11/2011
  • Carrying over annual leave due to illness (published in German); in: Betriebs-Berater, 2011, p. 1907
  • German Federal Labour Court names managing directors as consumers (published in German); in: Frankfurter Allgemeine Zeitung, 07/09/2010
  • Managing directors as consumers (in collaboration with T. Neufeld; comment on ruling by German Federal Labour Court dated 19/05/2010 – 5 AZR 253/09, published in German); Betriebs-Berater, 2010, p. 2639

Recognition

“'Competent, effective, pragmatic and solution-oriented', 'very well versed in dealing with business transfers'. ”
(clients) – JUVE Handbook 2021/2022
“Known for his expertise in restructurings and all compliance issues; he is also active in litigation. ”
Legal 500 2021

Qualifications

Admissions

Assessor, Germany, 2005

Referendar, Germany, 2002

Languages

English, German
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.