Momentum Rechtsanwälte Steuerberater

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Publication in the GWR: BAG on claims from indirect employee participation


  • Corporate, Employee participation, Virtual Shares, ESOP

Advising lawyers:

Dr. Daniel Wied, Sarah Kaspar

Dr. Daniel Wied (attorney and partner at Momentum) and Sarah Kaspar (attorney and associate at Momentum) have dealt with a judgment of the BAG dated November 10, 2021 (No. 10 AZR 696/19) in the new issue of GWR (Zeitschrift für Gesellschafts- und Wirtschaftsrecht, Issue 7/2022, Page 120).

In the case at issue, the plaintiff and employee indirectly participated in the profits of his employer via an employee company, which in turn was a shareholder of the defendant and employer.

As an alternative to participation constructions under company law, the incentivization of employees (especially in the start-up environment) is often realized via virtual participation models.

We provide comprehensive advice on all kinds of employee participation programs and develop tailor-made solutions for our client's objectives. 

Link to the publication