Advice on tax law and social security law in relation to downsizing programs

Dismissals, job cuts and restructuring can often be overwhelming for both employers and staff. But they’re also increasingly common in today’s fast-changing work environment. Many employees face the question of how to arrange socially responsible downsizing, combining open communication with fairness. 

Flick Gocke Schaumburg draws on years of experience to help employers and employees navigate these challenges, focusing on responsible solutions. Our focus is to strike a balance between the aims of the employer and the interests of the employees.

Advisory approach: Tax law and social security law

Our advisory approach has been proven to set you up for success. We help to generate added value for employers and employees alike, considerably reducing the risk of conflicts or delays in the downsizing process.

Our in-depth advice enables the employees affected to make an informed decision on tax and social security matters. The result: Open communication and more take-home compensation.

Unlike other firms, we not only prepare you for tax-related pitfalls but also offer sound guidance on social security matters. This means those affected don’t have to chase down information from multiple institutions such as tax advisors, health insurers, the statutory pension insurance scheme, employment agencies, and company pension providers. We make sure they have everything they need from a single source. Employees regularly respond positively to this approach, which promotes thoughtful and constructive dialogue around the exit package offered. This not only improves rates of acceptance, but also saves employers time because decisions on whether to accept the employer’s offer are made much more quickly.



Our advisory approach

Recognising problem areas and focusing on the individual
Offering solutions
Digital tools
Aims and advantages

Comprehensive advice from start to finish

Project timeline

What happens when?

Diagram: Circular diagram with seven phases of individual counselling by a law firm in the event of staff reductions: Internal discussions and handing out of an information flyer by HR.  Approval and queries between HR and FGS.  Sending of a personal access link to the online input mask by FGS.  Employees complete online form and send data.  FGS checks data, clarifies queries or arranges appointments.  Consultation with FGS.  Employees clarify open questions and pass on decision to HR. The outer circle division differentiates between employer involvement (phases 1-3) and the individual counselling phase (phases 4-7).  Translated with DeepL.com (free version)

Phases of downsizing

Preparation

Communication

Implementation/support

Strategic planning

  • Clear outline of the company situation
  • What are the challenges?
  • What are the aims?
  • How many jobs need to be cut?
  • Should there be (only) a volunteer program?
  • Implementation timeline
  • Which stakeholders (e.g. works council, trade unions) need to be involved?

  Legal support and protection

  • Comprehensive advisory from FGS on labor and employment law, social security law, and tax issues, ensuring that the downsizing program offers legal certainty
  • Support in negotiations with works councils (reconciliation of interests, redundancy plan), trade unions and authorities
  • Timeline and action plan
  • Calculation of compensation offers and other customized solutions (e.g. partial retirement, transitional pension arrangements, lifetime working time account, early retirement)
  • Project management
  • Information for managers
  • Staff meeting incl. presentation of the planned downsizing program
  • Offer exit packages to the employees affected

All measures required under collective bargaining law, in particular

  • Reconciliation of interests
  • Redundancy plan
  • Collective wage agreement, if applicable
  • Voluntary supplementary works agreements
  • Arbitration board proceedings
  • Transfer companies
      

 All official/judicial measures, in particular

  • Mass redundancy notice
  • Official approval procedures
  • Judicial approval substitution proceedings
  • Complaint proceedings
      

Implementation of all measures in respect of individual rights 

  • Preparation of termination agreements
  • Preparation of notice of termination incl. works council hearing
  • Preparation of processing documentation, e.g. letter of reference, tax and social security processing
      

Tax law and social security law advice for those affected

  • Clarification of the tax law and social security law implications of accepting the employer’s offer (net wage optimization, unemployment benefit, pension, health insurance, etc.)
      

 

Summary

Early planning is the cornerstone of any successful downsizing program. We work closely with companies to design a bespoke solution that aligns fully with their strategic and operational needs. Our solutions always focus on economic efficiency (cost and time factors). Open communication is crucial for the acceptance of downsizing programs among employees. We support companies in preparing and implementing a communication plan that creates transparency and reflects the holistic approach of the program. Our implementation is holistic, too. We fully support the company through every stage of the process. Affected employees receive integrated advice on tax law and social security law matters, aimed at optimizing their exit packages and maximizing their take-home compensation. 

 

Case study: Advice on tax law and social security law for net wage optimization

  • Born on 19 December 1964, statutory pension insurance/health insurance/nursing care insurance/unemployment insurance
  • Married, receiving child benefit for one child
  • Current tax brackets for employee and spouse: IV / IV
  • Denomination of spouses: Protestant
  • Gross annual income: Employee: EUR 98,000 in 2025, EUR 0 in 2026; spouse: EUR 16,000 in 2025 and 2026 
  • Compliance with employer’s termination notice period of seven months
  • Exit package as of 31 December 2025 with severance pay of EUR 139,000 (without occupational pension scheme contribution) 
  • Pension from 1 January 2029 with 10.8% deduction (retirement pension for long-term insured persons would already be possible from 1 January 2028, but with 14.4% deduction; waiting period for retirement pension for especially long-term insured persons can no longer be met)
Practical example diagram: Timeline with three phases after leaving the employment relationship on 31 December 2025:: Receipt of unemployment benefit I from March 2026 to December 2028 at € 3,425.10 per month. Optimisation under tax and social security law results in a benefit of around € 87,713.

FAQs

What challenges do companies face?
What uncertainties are there for the employees affected?
How can companies alleviate uncertainties?
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