Employment Law for Companies

We advise Austrian employers on the correct implementation of employment law. We are at your side to draft contracts, advise you on any questions that may arise, and if terminations are challenged. We strive for a quick and satisfactory solution for both parties. Our experience has shown that an objective and transparent information policy at the termination of employment is especially beneficial for those employees who remain at the company. Quickly taking the necessary steps reduces uncertainty among your employees. This doesn't just apply to individual cases; it makes a company economically successful as well as attractive in the long term.

 

By drafting the required employment contracts and works agreements, we build trust and ensure legal certainty within the company. Generally, the contracts include all relevant agreements on regular working hours, part-time work, flexible working hours, overtime and rest times. We are at your side with prudence and foresight when your company faces operational changes, adapts working conditions and prepares for new demands. We are happy to answer all your questions about termination or dismissals and any associated claims.  

 

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Correct Application of Employment Law and Working Time Law

We frequently deal with issues concerning working time law, its amendments and their effects on existing contracts. We also draft new employment contracts, flexible working hours arrangements, works agreements and amicable terminations of employment. We offer fast, professional advice on any further questions concerning employment law issues. We ensure entrepreneurs' legal protection at the beginning and the end of employment relationships and offer management consulting for topics such as collective agreement classifications, job descriptions, fixed-term employment contracts, non-compete and non-solicitation clauses, severance agreements, occupational health and safety, maternity protection or work-related injuries. You can rely on our experienced and capable team in cases of damage to the employer or court proceedings such as a dismissal being challenged in court.

 

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Our Services Regarding Employment Law

  • Drafting employment contracts, managing director contracts and management board contracts
  • Advice on recruiting and establishing employment relationships
  • Employment law aspects during corporate changes, acquisition and restructuring
  • Drafting works agreements, flexible working hours arrangements and other employment contracts
  • Occupational health and safety
  • Consulting on the correct implementation of working time law
  • Termination agreements for cases of amicable terminations of employment, downsizing, dismissals, redundancies
  • Court proceedings, particularly if termination or dismissal are challenged
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Co-author, The Practical Handbook for Works Councils, Praxishandbuch Betriebsratsarbeit, Weka-Verlag, ( https://www.forum-media.at/ )

Co-author, The Practical Handbook for Working Time Law, Praxishandbuch – Arbeitszeitrecht, Weka-Verlag, ( https://www.forum-media.at/ )

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Cancellation already after failure of the first repair attempt

Created by Thomas Hörantner, LL.M. |
Civil Law , Contract Law

Facts

The plaintiff purchased a new car from the defendant for EUR 36,083.00. The vehicle was handed over on 31.10.2019.

Plaintiff subsequently…

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EBA Guidelines on the limited network exclusion under PSD II

Created by Mag. Bianca Holzer |
Payment Law

1. Background and entry into force

The European Banking Authority (EBA) has issued and published guidelines on the limited network exclusion under…

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Kündigungsschutz für Datenschutzbeauftragte - EuGH Entscheidung C-534/20

Protection against dismissal for data protection officers - ECJ Decision C-534/20

Created by Mag. Sylvia Unger |
Employment Law for Companies

Stricter protection against dismissal under national law for data protection officers is not contrary to EU law insofar as there is no infringement of…

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Jurisdiction in case of a supplemental agreement to an assignment agreement (OGH 30.03.2022, 8 Ob 13/22b)

Created by Mag. Bianca Holzer |
Corporate Law , Civil Litigation

1. Facts of the case

An assignment agreement was concluded between B (defendant) and K (plaintiff). Under the assignment agreement, B acquired shares…

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No bona fide consumption of additional remittance made in error of the employer (OGH 15.12.2021, 9 ObA 103/231v)

Created by Thomas Hörantner, LL.M. |
Employment Law for Companies , Civil Law

Facts

The defendant employee (AN) was employed by the plaintiff employer (AG) from 2006 to 2017. In 2016 she received a monthly salary of EUR…

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Einlagenrückgewähr Haftung Dritte

Third-party liability for prohibited return of capital contributions (OGH 23.06.2021, 6Ob61/21w)

Created by Mag. Fridolin Fahringer |
Corporate Law

In the topical case, an external third company granted a loan to the parent company in a parent-subsidiary constellation. In the following, this loan…

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[Translate to en:]

Admissibility of super-predominiums also in the case of open-ended tenancy agreements

Created by Mag. Sylvia Unger |
Real Estate Law , Tenancy Law

What is a "superädifikat"? 

In principle, the owner of a property is also the owner of the building erected on it. Superädifikate are an exception to…

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[Translate to en:] Mietzinsminderung wegen Betretungsverbot im Lockdown

Lease reduction due to an access ban during lockdown (OGH 25.01.2022, 8 Ob 131/21d)

Created by Mag. Fridolin Fahringer |
Civil Law

The lease of a rental property is not only to be lowered if the object itself becomes unusable due to an ‘epidemic’ such as COVID-19, but also because…

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No discrimination in case of dismissal due to refusal against Covid measures

No discrimination in case of dismissal due to refusal against Covid measures

Created by Mag. Sylvia Unger |
Employment Law for Companies , Civil Law

Employees may not be dismissed on the basis of their ideology. If this nevertheless happens, the dismissal can be challenged in court. According to…

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Unger Rechtsanwälte beraten Unternehmen und Arbeitgeber in Wien und Österreich bei Arbeitsverträgen, Betriebsvereinbarungen, Arbeitszeitrecht, Kündigungen, Entlassungen und arbeitsrechtlichen Gerichtsverfahren.

Weitere Textbeispiele wären: www.arbeitsrecht-wien.co.at/schwerpunkte/arbeitsrecht-arbeitgeber

Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old. Richard McClintock, a Latin professor at Hampden-Sydney College in Virginia, looked up one of the more obscure Latin words, consectetur, from a Lorem Ipsum passage, and going through the cites of the word in classical literature, discovered the undoubtable source. Lorem Ipsum comes from sections 1.10.32 and 1.10.33 of "de Finibus Bonorum et Malorum" (The Extremes of Good and Evil) by Cicero, written in 45 BC. This book is a treatise on the theory of ethics, very popular during the Renaissance. The first line of Lorem Ipsum, "Lorem ipsum dolor sit amet..", comes from a line in section 1.10.32.

The standard chunk of Lorem Ipsum used since 1966 is reproduced below for those interested. Sections 1.10.32 and 1.10.33 from "de Finibus Bonorum et Malorum" by Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham.

Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old. Richard McClintock, a Latin professor at Hampden-Sydney College in Virginia, looked up one of the more obscure Latin words, consectetur, from a Lorem Ipsum passage, and going through the cites of the word in classical literature, discovered the undoubtable source. Lorem Ipsum comes from sections 1.10.32 and 1.10.33 of "de Finibus Bonorum et Malorum" (The Extremes of Good and Evil) by Cicero, written in 45 BC. This book is a treatise on the theory of ethics, very popular during the Renaissance. The first line of Lorem Ipsum, "Lorem ipsum dolor sit amet..", comes from a line in section 1.10.32.

The standard chunk of Lorem Ipsum used since 1966 is reproduced below for those interested. Sections 1.10.32 and 1.10.33 from "de Finibus Bonorum et Malorum" by Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham.

Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old. Richard McClintock, a Latin professor at Hampden-Sydney College in Virginia, looked up one of the more obscure Latin words, consectetur, from a Lorem Ipsum passage, and going through the cites of the word in classical literature, discovered the undoubtable source. Lorem Ipsum comes from sections 1.10.32 and 1.10.33 of "de Finibus Bonorum et Malorum" (The Extremes of Good and Evil) by Cicero, written in 45 BC. This book is a treatise on the theory of ethics, very popular during the Renaissance. The first line of Lorem Ipsum, "Lorem ipsum dolor sit amet..", comes from a line in section 1.10.32.

The standard chunk of Lorem Ipsum used since 1966 is reproduced below for those interested. Sections 1.10.32 and 1.10.33 from "de Finibus Bonorum et Malorum" by Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham.

Contrary to popular belief, Lorem Ipsum is not simply random text. It has roots in a piece of classical Latin literature from 45 BC, making it over 2000 years old. Richard McClintock, a Latin professor at Hampden-Sydney College in Virginia, looked up one of the more obscure Latin words, consectetur, from a Lorem Ipsum passage, and going through the cites of the word in classical literature, discovered the undoubtable source. Lorem Ipsum comes from sections 1.10.32 and 1.10.33 of "de Finibus Bonorum et Malorum" (The Extremes of Good and Evil) by Cicero, written in 45 BC. This book is a treatise on the theory of ethics, very popular during the Renaissance. The first line of Lorem Ipsum, "Lorem ipsum dolor sit amet..", comes from a line in section 1.10.32.

The standard chunk of Lorem Ipsum used since 1966 is reproduced below for those interested. Sections 1.10.32 and 1.10.33 from "de Finibus Bonorum et Malorum" by Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham.