Dr. Jacek Kielkowski, LL.M.
Partner / Attorney
It’s no use saying ‘We’re doing our best.’ You have to succeed in doing what’s necessary.W. Churchill
Dr. Jacek Kielkowski, LL.M., is an attorney and partner at the Frankfurt office of AGS Legal. After studying law at the Universities of Trier, Lausanne and Krakow (LL.M.), Dr. Kielkowski worked as a research associate at the Institute for Civil Law and Labor Law headed by Professor Thomas Raab at the University of Trier, where he was awarded a doctorate after submitting a dissertation on plant-level agreements. Before joining AGS Legal, Dr. Kielkowski was a member of the Employment & Pensions team and the Compliance & Internal Investigations practice group of Noerr LLP, a global law firm.
Dr. Kielkowski advises clients on all aspects of labor law and specializes in industrial relations, occupational pensions, HR compliance, employee data protection and internal investigations.
Dr. Kielkowski is a member of the editorial team of juris PraxisReport Arbeitsrecht, a weekly newsletter on key decisions and new statutes in the field of labor law; juris PraxisReport Compliance & Investigations, another newsletter covering compliance and investigations; and the author of many other publications in these fields.
General labor law
- Implementing Bring Your Own Device (BYOD) policies in conformity with labor law, in: Betriebs Berater 02/2012, p. 2625 ff. (with Oliver Zöll).
- Comment on Labor Court of Heilbronn judgment of May 8, 2012, in: AuA 12/2012, p. 732 (with Oliver Zöll).
- Termination without notice for cause after inter-employee violence, comment on State Labor Court of Cologne judgment of November 6, 2012, in: jurisPR-ArbR 24/2013 comment 2.
- Interpretation of a return clause, comment on Federal Labor Court judgment of December 20, 2012, in: jurisPR-ArbR 41/2013 comment 1.
- Invalidity of a waiver of a collectively agreed entitlement, comment on Federal Labor Court judgment of February 12, 2014, in: jurisPR-ArbR 29/2014 comment 3.
- Creation of a balanced staffing structure in bankruptcy, comment on Federal Labor Court judgment of December 19, 2013, in: jurisPR-ArbR 41/2014 comment 3.
- Circumvention of German Civil Code Section 613a when using a transfer company and partial avoidance of a tripartite contract, comment on State Labor Court of Frankfurt judgment of June 10, 2013, in: jurisPR-ArbR 3/2015 comment 1.
- Position of a director of a limited company organized under English law, comment on State Labor Court of Düsseldorf judgment of October 30, 2014, in: jurisPR-ArbR 7/2015 comment 3.
- Jurisdiction of the labor courts over the termination of a managing director, comment on Federal Labor Court judgment of December 3, 2014, in: jurisPR-ArbR 12/2015 comment 2.
- Vacation pay and annual bonus payments do not apply toward minimum wage, comment on Labor Court of Berlin judgment of March 4, 2015 (with Daniel Happ), in: jurisPR-ArbR 31/2015 comment 2.
- On the problem of post-contractual non-compete requirements for managing directors, in: NZG 2015, p. 900 ff.
- Institutional abuse of the legal system by using successive fixed-term contracts for a total of 9.5 years in schools, comment on State Labor Court of Hamm judgment of February 25, 2015 (with Martin Gliewe), in: jurisPR-ArbR 39/2015 comment 1.
- Conducting a consultation procedure for negotiations on reconciling interests before an arbitration board, comment on State Labor Court of Berlin-Brandenburg judgment of December 9, 2015, in: jurisPR-ArbR 16/2016 comment 2.
- Plant-level agreements. Internal and shop agreements as manifestations of plant-level co-determination (submitted as a dissertation at the University of Trier in 2015), Baden-Baden 2016.
- The escape clause is dead. Long live the escape clause! On the effectiveness of Section 16(3)(2) of the German Act to Improve Occupational Retirement (with Gerhard Schmalz), in: Betriebs Berater 2019, 2420 ff.
- The alleged binding effect of fee proceedings on works council members’ right to be released from work duties due to advisory costs (with Gerhard Schmalz), in: Arbeitsrecht Aktuell, 11/2019.
- No fictitious employment relationship with temporary employment agency when temporary workers are employed on a non-temporary basis, comment on State Labor Court of Berlin-Brandenburg judgment of April 16, 2013 (with Daniel Happ), in: jurisPR-ArbR 46/2013 comment 2.
- Vacation: an obligation under occupational safety law – Employer’s obligation to pay damages for vacation not taken, comment on State Labor Court of Berlin-Brandenburg judgment of May 7, 2015 (with Daniel Happ), in: jurisPR-Compl 3/2015 comment 4.
- Calculation of gross wages in cases of illegal employment, comment on State Labor Court of Frankfurt judgment of October 17, 2014 (with Daniel Happ), in: jurisPR-ArbR 18/2015 comment 4.
- Differentiating between a work and services contract and (unlawful) temporary work, comment on State Labor Court of Hanover judgment of January 19, 2015 (with Dominik Zweigler), in: jurisPR-ArbR 27/2015 comment 6.
- Employment status of a program developer working from home, comment on State Labor Court of Frankfurt judgment of March 13, 2015 (with Daniel Happ), in: jurisPR-ArbR 46/2015 comment 3.
- Termination for violation of compliance rules, comment on State Labor Court of Mainz judgment of February 26, 2016 (with Daniel Happ), in: jurisPR-Compl 4/2016 comment 3.
- On the ability to issue a dismissal under third-party pressure if termination is requested by a supervisory body, comment on State Labor Court of Hesse judgment of July 13, 2016, in: jurisPR-Compl 1/2017 comment 4.
- Legality of special terms in severance agreements with works council members, comment on Federal Labor Court judgment of March 21, 2018 (with Gerhard Schmalz), in: jurisPR-Compl 5/2018 comment 3.
- Inadmissibility of statements of facts obtained through excessive employer monitoring under data protection law, comment on State Labor Court of Frankfurt judgment of September 21, 2018 (with Oliver Zöll), in: jurisPR-Compl 1/2019 comment 5.
- Scope of the right of access under GDPR Article 15 for internal investigations, comment on State Labor Court of Stuttgart judgment of December 20, 2018 (with Oliver Zöll), in: jurisPR-Compl 2/2019 comment 1.
- Legality of a waiting period for the transfer of stock options, comment on State Labor Court of Munich judgment of April 17, 2018, in: jurisPR-ArbR 39/2019 comment 2.
- Special protection against wrongful termination for a “deputy” company data protection officer, comment on Federal Labor Court judgment of July 27, 2017, in: jurisPR-ArbR 14/2018 comment 1.
- Data protection shop agreement under the GDPR and German Federal Data Protection Act [BDSG] 2018 - Much ado about nothing? (with Prof. Joachim Schrey) in: Betriebs Berater 11/2018, p. 629 ff.
- Termination without notice for cause after submission of fraudulent certificate of incapacity, comment on State Labor Court of Cologne judgment of July 7, 2017, in: jurisPR-ArbR 48/2017 comment 3.
- Company use of messenger services from a data protection and labor law perspective – corporate obligations and challenges when used for the employer (with Prof. Joachim Schrey and Patricia Gola), in: MMR 2017, p. 736 ff.
- Chatting for the employer – challenges of corporate use of messenger services from the company’s perspective (with Prof. Joachim Schrey and Patricia Gola), in: MMR 2017, p. 656 ff.
No right of access in case of disproportionate effort, comment on LG Heidelberg judgement of February 21st, 2020 – 4 O 6/19 (with Oliver Zöll), in: ZD 2020, 313 ff.
- Mind the details in disclaimers – starting in October: new form requirements for employment contracts, in Legal Tribune Online, August 5, 2016
- Company use of messenger services (Parts 1 and 2) (with Prof. Joachim Schrey and Patricia Gola, in: Informatik Aktuell, March 21, 2017)