Othmar K. TraberLawyer | Specialist Lawyer for Labour Law | Partner
Othmar K. Traber studied law in Bonn and was previously head of the legal department at an employers’ association in Berlin, before joining the firm in 2010 and becoming a partner of the firm in 2014. He chairs the practice group Employment at Ahlers & Vogel as well as the EMEA Special Interest Group Labour & Employment at MSI Global Alliance. Mr. Traber advises companies on all aspects of Employment Law, particularly on collective issues. A large part of his consultancy activity focuses on Maritime Labour Law and cross-border projects, for example in the case of M & A negotiations or connected with posting of workers. He has ample and thorough experience in core industries like Aviation, Chemical, Diaconal institutions, Research and Civil service as well as in several other fields across the SMEs in the north-western region. Mr. Traber frequently renders advice to CEOs and senior executives, and is a regular lecturer for associations and companies and an experienced litigator. In addition, he often deals with matters related to European Employment law since he is the only attorney-at-law in Bremen being member of the European Employment Lawyers Association (EELA). He is a regular contributor for the legal magazine European Employment Law Cases (EELC).
- European Employment Lawyers Association (EELA)
Foreign Languages: English
- Burden of proof in proceedings on overtime compensation, European Employment Law Cases (EELC), Heft 3, 2022, S.131ff.
- Holiday entitlement in the release phase of partial retirement according to the so-called “block model”, European Employment Law Cases (EELC), Heft 3, 2020, S. 201 ff.
- Employment contract for an indefinite term with exclusion of work and remuneration for a certain period is valid and does not conflict with the law on fixed-term work“, European Employment Law Cases (EELC) Heft 3, 2020, S. 183 ff.
- Damages for overtime work exceeding rules of the Working Time Directive can be subject to preclusive periods, European Employment Law Cases (EELC) Heft 4, 2019, S. 264 ff.
- Consideration of preemployment as a freelancer in terms of checking fixed-term contracts by courts, European Employment Law Cases (EELC) Heft 2, 2019, S. 90 ff.
- Continued application of church labour law for secular employer after transfer of undertakings by means of a dynamic referral clause, European Employment Law Cases (EELC) Heft 3, 2018
- Greek austerity bills do not apply to Greek citizens employed in Germany, European Employment Law Cases (EELC) Heft 4, 2017, S. 229 ff.
- What are the consequences for vacation entitlement where the number of working days changes during the year?, European Employment Law Cases (EELC) Heft 3, 2017, S. 163 ff.
- German shipping company wins lawsuit over illegal Union boycott, Ship Management International, Heft 65, 2017, S. 49
- Brexit: Unforeseen Consequences for forwarders and hauliers in France and Germany?, Transport Monthly Heft 6, 2016 (mit Dominic Ward)
- German minimum wage and ramifications for the UK transport industry, Transport Monthly Heft 5, 2016, S. 30
- Haftung des Betriebsrats-Anwalts, FA 2008, S. 40-43
- Projektbefristung und Prognoseentscheidung, FA (Fachanwalt Arbeitsrecht, Verlag Luchterhand) 2005, S. 363-366
- The commute time of an itinerant sales employee between their home and the sites of their first and last customers can in some cases be considered as effective working time, remark French Supreme Court (FR), decision dated 23.11.2022, European Employment Law Cases (EELC) Volume 1, 2023, p. 55 f.
- Neutrality policy of City of Brussels not found discriminatory, remark Brussels Labour Tribunal (BE), decision dated 5.12.2022, European Employment Law Cases (EELC) Volume 1, 2023, p. 28 f.
- Employer’s right of selection upon unilateral termination of the employment relationship, remark Supreme Court of Cassation (BG), decision dated 2.2.2021, European Employment Law Cases (EELC) Volume 2, 2021, p. 97 f.
- The concept of ‘establishment’ in the context of collective redundancies, remark Oberster Gerichtshof (AT), decision dated 28.1.2021, European Employment Law Cases (EELC) Volume 2, 2021, p. 94 f.
- Transfer-related contractual changes void even if beneficial of employees, remark Employment Appeal Tribunal (UK), decision dated 15.5.2020, European Employment Law Cases (EELC) Volume 4, 2020, p. 263 f.
- Non-Seafarers Work Clause: contributing to better employment conditions or not?, remark Court of Rotterdam (NL), decision dated 27.8.2020, European Employment Law Cases (EELC) Volume 4, 2020, p. 243 f.
- Liability of overseas co-workers for whistleblowing detriment, remark Court of Appeal (UK), decision dated 5.5.2019, European Employment Law Cases (EELC) Volume 3, 2019, p. 216 f.
- Failing to enhance pay for shared parental leave to the level of maternity pay is not sex discrimination, remark Court of Appeal (UK), decision dated 24.5.2019, European Employment Law Cases (EELC) Volume 3, 2019, p. 190.
- Supreme Court applies Max Planck and Kreuziger judgments, remark Lettisches Verfassungsgericht, decision dated 29.3.2019, European Employment Law Cases (EELC) Volume 2, 2019, p. 106 ff.
- Transfer of undertakings, remark EuGH, decision dated 27.4.2017, C-680/15 (Asklepios Kliniken), European Employment Law Cases (EELC) Volume 2, 2017, p. 106 ff.
- Anwendbarkeit des MiLoG auf ausländische Fuhrunternehmer, remark FG Berlin-Brandenburg, decision dated 7.2.2018, 1 V 1175/17, TranspR Volume 7-8, 2018, p. 322 f.