Gerhard Schmalz

Partner / Attorney

Gerhard Schmalz

+49 69 / 76 80 73-252

AGS Legal
Senckenberganlage 19
60325 Frankfurt am Main

The secret to winning is knowing your opponent.


Gerhard Schmalz founded the law firm of Schmalz Rechtsanwälte and has been a partner of AGS Legal in the field of labor law and data protection since 2013. He specializes in labor law, especially collective labor law (co-determination, industrial relations law and collective bargaining law). He has particularly in-depth experience in transactional labor law and occupational pensions.

Fields of activity

Labor law & data protection


  • Handelsblatt Germany’s best lawyers
    2015, 2016, 2017, 2018, 2019, 2020, 2021 in labor law
  • “Schmalz turns employee representatives’ jobs into exactly what Edeka probably wants them to be: a Sisyphean task. Difficult, time-consuming – and often fruitless.”
    Spiegel 31/2015


  • The alleged binding effect of fee proceedings on works council members’ right to be released from work duties due to advisory costs (with Jacek Kielkowski), in: Arbeitsrecht Aktuell, 11/2019.
  • The escape clause is dead. Long live the escape clause! On the effectiveness of Section 16(2)(3) of the German Act to Improve Occupational Retirement, in: BB 2019, 2420 ff.
  • Comment on State Labor Court of Nuremberg judgment of August 5, 2015 – 2 Sa 132/15, in: BB 2015, 2622 ff.
  • Sick? Really? When employers doubt sick notes, PersF 2014, 96 ff.
  • Legality of special terms in severance agreements with works council members, comment on Federal Labor Court judgment of March 21, 2018 – 7 AZR 590/16, in: jurisPR-Compl. 5/2018 comment.
  • Comment on Higher Regional Court of Nuremberg judgment of March 21, 2001 – 4 U 3965/00 (with Ann-Charlotte Ebener), in: VersR 2002, 594 ff.
  • Do on-call hours count as work time under the German Work Time Act? (with Ann-Charlotte Ebener), in: DB 2001, 813 ff.
  • Should the buyer and seller of a business compensate each other for their joint and several liability for employee vacation entitlements? (with Ann-Charlotte Ebener), in: DB 2000, 1711 ff.