We advise clients on all aspects of contentious and non-contentious matters in this area.
The Employment team of Zeiler Floyd Zadkovich supports you in all aspects of contentious and non-contentious employment law as well as benefits, pensions, industrial relations and data protection issues.
As can be seen from our Areas of Focus, this includes the full range of employment related legal matters such as: employment litigation & trials, employment advisory & housekeeping, pensions & benefits, hiring and performance management & executive contracts, global mobility and immigration, and data protection. Our Employment team also assists our clients in all Industrial Relations matters.
Our Employment team serves a diverse and wide range of sectors and industries, which enables us to tailor our advice to the client’s specific objectives.
Our team of seasoned advisors regularly represents clients before courts, including the Austrian Supreme Court, employment tribunals and conciliation boards.
Our experienced litigators have successfully defended employers in unfair dismissal claims and discrimination cases, as well as in connection with requests for re-instatement and wage-and-hour cases.
Additionally, our specialists have extensive experience advising on and managing employment tribunal litigation on works council elections, transfer of undertakings and their influence on works councils, as well as conciliation board litigation, covering also social plans and shop agreements.
Our team assists clients in administrative procedures in cases involving disability, discrimination and other considerations in employment termination or reorganisation cases.
We provide our clients with value beyond black and white legal advice. We are dedicated and trusted legal advisors who will work tirelessly to deliver the best commercial outcomes, underpinned by strategic focus.Back to top
Our team of dedicated employment specialists supports you in all aspects of non-contentious employment law, from beginning to end of an employment relationship.
This starts with background checks of future employees and the structuring of job interviews. It covers the drawing up of contracts, bonus schemes that incentivize your workforce and suitable working time arrangements for diverse staff.
Our experts also support you in managing the times your employees are on leave (maternity leave, parental part-time, sick leave, etc.) as well as when a staff reduction becomes necessary.
We have expertise in restructuring of businesses and transfers of undertakings, redundancy processes, white-collar crime, service inventions and trade secrets, as well as post-termination restrictive covenants.
Recently, we have also gained significant experience in assisting our clients regarding all aspects of COVID-19 related employment law measures and their implementation. Remote working arrangements are obviously a key topic at present and we expect will remain so into the future.Back to top
Our team has specialist knowledge on occupational pension issues comprising, among other things, the effect of employment termination on pensions, the amendment of pension terms, the contents and scope of employer pension obligations as well as pension issues arising from transfer of undertakings.
Various employee benefit packages often include a company car also for private use, company housing as well as (additional) medical insurance, profit sharing or retirement benefits, to name just a few. We regularly assist employers in all employment related aspects of rewards and incentives – from drafting contracts to designing and implementing incentive frameworks.Back to top
A pivotal part of recruiting, retaining and motivating employees is to ensure that employment contracts and reward packages are designed to incentivize employees to meet business objectives. Our team has extensive experience to assist in this regard.
One special focus of our expertise is on drafting contracts with executives, covering issues like share plans and bonus rewards, confidentiality arrangements and trade secret protection, as well as pensions and post termination restrictive covenants.Back to top
Today’s workforce is increasingly international. Accordingly, companies are competing for talent on a global scale. Getting immigration right in this process is vital. From immigration issues for group employees to relocation of senior executives on a temporary or permanent basis, we provide a seamless service.
The very process of obtaining the relevant approvals can be time-sensitive and stressful. We have the expertise to help you reduce the risk of avoidable problems and provide a hands-on approach to any unexpected issues that may arise.Back to top
Modern technology has transformed working life. It allows companies to tailor workflows more efficiently and benefits employees through increased flexibility in daily work routines.
Data, as a product and tool, has become one of the most important keys to success for many businesses. A digital working environment, however, requires protection against misconduct and external attacks.
Especially since the implementation of the GDPR, companies have become increasingly aware of how data protection issues impact all business and industry sectors. Due to the hefty fines introduced by European legislators, compliance with the rules has become key. Failure to safeguard people’s privacy or to ensure security of their data can lead, not only to substantial fines, but may also severely damage a company’s brand.
We advise our clients in the full range of employment related data protection and privacy issues and assist in implementing modern technology in your working environment.
Our services range from the assessment of all aspects of employment and data protection law to the preparation of all required documents and agreements, such as drafting shop agreements, and negotiations with the works council.Back to top
Supporting a German producer of skylights with regard to day-to-day employment law matters of its Austrian subsidiary.
Assisting a German energy company regarding the employment law aspects of the closure of its Austrian branch.
Assisting a Japanese multination electrical engineering and software company with regard to employment law related questions of a restructuring process, including a social plan.
Advising an Austrian Gambling Corporation in a personnel restructering process including the negotiations of a social plan and drawing up of a new minimum salary scheme.
Assisting an Austrian lottery company in a restructering process including the drafting and negotiation of a social plan.
Advising an Austrian manufacturer of vehicle lighting systems and electronic components on employment and industrial relations matters, including working time scheme, shop agreements and employee’s IP rights. Representing the company in court proceedings against employees challenging their employment termination (Austrian courts).
Supporting a German manufacturer of optical systems and optoelectronics, in employment law matters including the transfer of employee data and the implementation of a home office scheme due to the COVID-19 pandemic.
Assisting an international social networking company regarding employment matters and reviewing its employment contracts in Austria.
Supporting a German electronic company with regard to its day-to-day employment matters in its Austrian subsidiary.
Supporting a German manufacturer of heating, industrial and refrigeration systems with regard to the employment law aspects of the restructuring of its Austrian subsidiaries.
Assisting an international animal welfare organisation with regard to all their Austrian employment law matters.
Advising a leading Austrian insurance group in employment law and industrial relations matters in connection with the restructuring of its group companies.
Assisting a leading North American sportswear manufacturer regarding employment related aspects of their retail stores in Austria.
Representing a Viennese university in a court procedure against a researcher (Austrian courts).
Assisting a technology company for asphalt, concrete, earthworks geotechnical and environmental engineering in day-to-day employment law matters, including the redundancy of employees enjoying special protection.
Advising a global provider of financial market data and infrastructure in employment law matters with regard to its Austrian subsidiary.
Assisting a leading Austrian construction company during the COVID-19 pandemic on the full range of employment and industrial relations issues, including interpretation of government relief schemes, facilitating changes of the workforce, drafting and adjustment of home-office arrangements and reductions in force.
Assisting a Japanese video game and digital entertainment company in employment matters.
Assisting the client, a Japanese manufacturer of data carriers, in employment matters such as its bonus scheme or redundancies.
Assisting an Austrian manufacturer of industrial rubber and plastic in employment and industrial relations matters, such as the elections of its European Works Council
Assisting a leading operator of digital market places for real estate and automobiles with the solutions for their various day-to-day employment law issues, including drafting of the required contracts and termination agreements for various managers and managing directors.
Assisting a German pharmaceutical company with their day-to-day employment matters.
Assisting a Swiss pharmaceutical company with regard to all employment law aspects of a transfer of undertaking in Austria.
Assisting one of the Europe’s biggest media groups, in employment matters, such as inter-group employment relationship.
Assisting a U.S. manufacturer of diagnostic healthcare products in employment law matters such as lately reviewing their employee handbook / code of conduct.
Assisting a multinational Finish engineering and consulting firm with regard to the change of the management in its Austrian subsidiary.
Supporting a German IT company with regard to employment law matters, such as bonus agreements, changes in the management and the company car treatment.
Assisting an accounting inspection body in their day-to-day employment matters.
Supporting a leading global human proteins manufacturer (one of our long-standing clients) in every aspect of their employment and industrial relations issues.
Representing the company in court proceedings against its works council and individual employees regarding the employee’s classification in the company’s overall salary scheme (Austrian courts).
Representing the company in court proceedings against its works council with regard to the
potential change of the current working time schedule in the company’s various production lines(special conciliation board at the Austrian courts).
Supporting a Swedish climate group with regard to the engagement of a managing director for its Austrian subsidiary.
Assisting a multinational plastics company in its day-to-day employment law matters.
Assisting a German manufacturer of luxury goods in its day-to-day employment law matters, such as working time or redundancies, in its Austrian boutiques.
Assisting the client, a U.S. multinational confectionery, food, holding and beverage company, regarding employment law questions and company pension schemes.
Representation of an international cash handling company in the proceedings against company’s former managing director regarding the lawfulness of his employment termination for cause (Austrian employment courts).
Assisting a Viennese laboratory with regard to employment law questions including working time schemes under the current COVID situation.
Supporting a Finish elevator and escalator engineering company with regard to contractual agreements with members of the board of its Austrian subsidiary.
Assisting a global tea and coffee company with regard to all employment and pensions related aspects of an asset deal (TUPE); assisting the client in drafting an asset purchase agreement; adjustments to contracts as well as meeting information and consultation requirements; drafting of information letters to employees and works council.
Advising an Austrian fund manufacturer with regard to employment law and industrial relations matters, including shop agreements and employee data protection.
Ongoing support of an Austrian advertising company with regard to employment law matters, including amendment of the bonus scheme, the introduction of a flexitime working scheme and the implementation of home office during the COVID-19 pandemic.
Assisting a multinational company in the field of health information and clinical research with the solutions for its various day-to-day employment law issues, including the drafting of the required contracts for its managing directors.
Assisting a multinational Dutch chemical trading company with regard to day-to-day employment law questions concerning its Austrian subsidiary.
Advising an Austrian advertising company with regard to the redundancy of a long-time employee.
Ongoing support of an Austrian traffic engineering and advertising technic group regarding various employment matters, including the introduction of new working time regulations, redundancies and employment law measures during the COVID-19 situation.
Assistance of a multinational supplier in printing and packaging industry regarding a change in the management of the Austrian entity. Representation in the court proceedings against client’s former managing director with regard to his company pensions entitlement (Austrian courts).
Representation of a multinational Swiss biopharmaceutical company against the claim of former long-time employee that the termination of her employment relationship was unlawful.
Assisting a U.S. measurement technology and laser scanning company with regard to the employment of its Austrian sales force.
Representation of a UK financial service company against a former employee in the court proceedings on damage claims (Austrian courts).
Assisting a Spanish technology consulting company with regard to its employment activities in Austria.
Representation of an Austrian pharma company in employment law court procedures against former employees.
Supporting a French luxury goods company with regard to transfer of a key employee from Austria to France.
Advising a German multinational freight company with regard to the implementation of employee programmes and the statutorily applicable collective bargaining agreement
Employment law support of a British auction house with regard to its Austrian subsidiary.
Ongoing employment law support of a multinational logistics company, including redundancies and employee data protection.
Supporting a catholic relief, development and social service organisation in their employment matters, including representation in the proceedings against chairman of the client’s works council regarding the termination of his employment contract (Austrian courts).
Assisting a British luxury fashion company with their day-to-day employment matters.
Ongoing employment and industrial relations law support of a multination Swedish business information company, including the amendment of the commission scheme and the establishment of an European Works Council.
Assisting an Italian multinational pharmaceutical company in employment law matters, such as the arrangement of home office conditions, the termination of employment relationships and the draft of shop agreements.
Ongoing support of a leading Austrian company in the electronics engineering and manufacturing services sector regarding various employment matters, including the drafting of employment and shop agreements, employee data protection and terminations of employment relationships.
Ongoing employment law support of the Austrian subsidiary of an international auditing company, including the amendment of the working time scheme, the termination of employment relationship and the representation in court against former employees.
Assisting a world leading coatings company (one of our long-standing clients) in all operative day-to-day employment law, industrial relations and pension issues.
Assisting a world leading chemical company (one of our long-standing clients) in all operative day-to-day employment, industrial relations and pension issues. Supporting the company in all employment related aspects of a recent M&A deal (TUPE). Advising on timeline for meeting the information and consultation requirements towards the works council and the protection afforded to employees in the course of a transfer of undertakings situation.
Representing a manging director of a municipal transport service company on the renewal of his appointment toward the company.
Supporting a German franchise company in the self-serving bakery sector with regard to the recall and appointment of the managing directors of its Austria subsidiary.
Assisting an Austrian federal development and financing bank regarding day to day employment law questions.
Assisting a Croatian consumer goods company with regard to their Austrian employment relationships and the appointment and registration of the managing directors.
Assisting a Japanese newspaper regarding their employees in their Austrian office.
Supporting a subsidiary of one of the biggest European media groups, with regard to the employment of one of their key employee’s within the group.
Assisting a German airline specialized in charter and medical repatriation flights with regard to contractual relationship with their pilots and medical crew.
Ongoing support of an Austrian Insurance company in connection with their day-to day employment matters, including: (1) home-office regulations for different circumstances; (2) insurance and working time issues in case of the employee’s absence due to long illness and (3) the intended posting of employee to another EU country, covering advice related to the applicable employment laws and social security provisions.
Representation of a member of the board in the insolvency procedure of the stock company.
Assisting U.S. multinational medical devices and health care company, with their day-to-day employment matters.
Advising a fertility clinic with regard to their day-to-day employment law matters.
Supporting an Austrian integrated oil and gas company in every aspect of their employment and industrial relations issues.Representing the company in court proceedings against an employee claiming higher pension entitlements than currently paid out. The case is of utmost importance, as further employees may raise similar claims (Austrian court).
Assisting the company in the court proceedings against a former contractor regarding the existence of an employment relationship.
Advising a catering service company for cruise ships on matters of employment law and industrial relations, including the applicability of Austrian collective bargaining agreement to their employees.
Assisting Japanese owned Austrian manufacturer of fine bubble aeration systems in launching their new working time and flexi-time schemes.
Supporting the client in defending the implementation of a surveillance system against the claims of the works council.
Advising an Austrian glass producer with regard to employment and industrial relation law matters including claims under the collective bargaining agreement, employee data protection and the implementation of home office schemes.
Supporting a leading German multinational home improvement supplies retailing company in all employment related matters, including assistance in drawing-up a data-protection law compliant HR system and its implementation, in line with the respective requirements under Austrian employment law, for about 3,500 employees in Austria.
Assisting the company in defending their current working time schemes against claims of numerous employees and the works council for introduction of a 4-day working week, based on the newly introduced collective bargaining agreement.
Representing the company in court proceedings against one of its former employees claiming re-instatement of her employment based on allegedly socially unfair notice of termination and discriminatory treatment in connection with employment termination (Austrian courts).
Assisting a Swiss multinational pharmaceutical company with all their day-to-day employment law issues.
Representing the company against a former employee in a court proceeding (Austrian courts).
Assisting the company with issues involving parental part time arrangements and works-council members, including the adjustment of their contractual roles within the entity.
Supporting the company to duly conduct their works council elections in 2020 during the COVID pandemic.
Assisting a leading Spanish producer of sanitary ceramics with a strong position in Switzerland and Austria in restructuring their Austrian entity. Advising the company on all employment matters, conducting negotiations with the trade unions and the works council on a social plan, preparation of notices of termination and planning of overall reduction in force.
Supporting an insurance company with regard to its pensions schemes offered to employers.
Supporting an Austrian group in the feed and food safety with regard to the employment aspects of an acquisition of a further group company.
Supporting an Austrian wildlife park, with regard to the recall and appointment of its managing directors.
Supporting a nursing home in all their day-to-day employment matters.
Supporting a multinational Italian/American car manufacturer and seller (one of our long-standing clients) in all operative day-to-day employment law, industrial relations and pension issues. Providing support, from Austrian employment law perspective, in possible restructuring measures, including potential reduction in force, mergers and shut-downs of certain operations in Austria. Representing the client against employee’s alleged sexual harassment claims.
Supporting a global leader for industrial gas in preparing and implementing the intended changes to their management, comprising the required employment and corporate measures and the implementation of the necessary changes to the commercial register.
Representing a Dutch manufacturer of printers in a court proceeding against a former employee (Austrian courts).
Representing a former board member of an Austrian international gambling company in the negotiations of his separation from the company.
Representing a leading Austrian construction company in four parallel court proceedings against company’s former manager inter alia on the issue of wrongful employment termination and claims for overtime payments (Austrian courts; Committee for Disabled Employees).
Assisting an Italian multinational pharmaceutical company on the employment law aspects of a transfer of undertaking (TUPE).
Assisting a British sports car manufacturer with regard to an employment relationship in Austria.
Representing a senior employee of an international mobile communications company in challenging the termination of his employment (Austrian employment courts).
Representation of an Austrian building services engineering company in two court procedures initiated by a former employee, challenging the notice of termination due to his status as a disabled person.
Supporting a German planning and consulting company with all employment law aspects of the acquisition of an Austrian IT company.
Assisting a globally diversified U.S. conglomerate with regard to Austrian employment law issues during an acquisition of a multinational biopharma business with a subsidiary in Austria.
Representing a senior employee of an international electronics group with regard to the termination of her employment relationship.
Supporting an Italian insurance company with regard to the members of the board of its Austrian subsidiary.
Assisting a Japanese sewing machine producer in a restructuring process.
Representing a leading Austrian construction and engineering company in proceedings on termination of the employment contract of a manager, who had a status as a disabled employee, eligible for preferential treatment (Committee for Disabled Employees).
Assisting a Spanish company in the field of in vitro diagnostics with regard to the employment law aspects of an acquisition in Austria.
Representation of a Spanish airline in the court proceedings against an employee challenging his notice of termination (Austrian courts, including Austrian Supreme Court).
Assisting a world’s premier manufacturer of musical instruments and professional audio equipment with regard to claims of employees resulting of the applicability of a bonus program and the subsequent changes to the employer’s very bonus program for the future.
Supporting U.S. software company with regard to their Austrian employment contracts and redundancies.
Representation of a lage Austrian multinational in the proceedings against contractual claims brought by a former manager (EUR 30 million, Austrian state courts and an ad hoc arbitral tribunal).
Advising Mexican subsidiary of a major Austrian group in the oil drilling industry on its day-to-day corporate and employment issues, including the drafting and reviewing of master sales agreements that contain provisions stipulating specific timeframes and transportation information for delivery and return of rental equipment, as well as other complex commercial contracts.
Supporting a U.S. thermal management company with regard to all employment law matters, such as the application of the transfer of undertaking (TUPE) regime, of the restructuring of its Austrian subsidiaries.
Representation European winery against allegations said to sound in breach of contract and unjust enrichment brought by alleged US distributor.
Representation of a German manufacturer of modern technological products in court proceedings against an Austrian employee with regard to the cross-border applicability of the protection against termination under Austrian Labour Constitution Act and German law (Austrian courts, including the Austrian Supreme Court).
Representation of a German lamp and illuminate manufacturer in court proceedings against an Austrian employee regarding the cross-border applicability of the protection against termination under Austrian Labour Constitution Act (Austrian courts including Austrian Supreme Court).
Tinhofer (lecturer), “Aktuelle Entscheidungen im Arbeitsrecht”, Linde Verlag & WIFI Wien Jahresdialog Arbeitsrecht 2021 “HR-Arbeit post COVID-19: Was kommt, was bleibt, was geht?”, 14.04.2021.
Tinhofer (speaker), “Algorithmisches Management – Revolution der Arbeitswelt?”, Am Punkt Podcast by Linde Verlag, 10.05.2021.
Tinhofer (lecturer), “Beendigung des Arbeitsverhältnisses”, Lehrgang Arbeitsrecht 2021 MANZ Rechtsakademie, 05.05.2021.
Laimer (speaker), “All-In Vereinbarungen im Arbeitsvertrag”, Am Punkt Podcast by Linde Verlag, 04.05.2021.
Laimer & Wieser (lecturers), “Labour Law and Social Protection”, University of Applied Science BFI Vienna; Course: Bachelor Program “European Economy and Business Management”, Spring 2021.
Laimer & Wieser (lecturers), “European Labour Law”, University of Applied Science BFI Vienna; Course: Master Program “Strategic HR Management in Europe”, Spring 2021.
Oftmals wird der Dienstwagen auch für private Zwecke überlassen. Was aber muss man bedenken, wenn diese Privatnutzung entfällt? Dazu führt Lukas Wieser aus, dass die Privatnutzung einen Teil des Entgelts darstellt. Welche Ansprüche folglich bei Entfall der Privatnutzung zustehen und wie sich diese bemessen, erklärt er in diesem Video.
Ist die Beteiligung von Leiharbeitnehmern bei der Wahl des Betriebsrates zulässig? Um diese Frage zu beantworten, greift Andreas Tinhofer die Rechtsprechung des Obersten Gerichtshof auf und führt aus, welche sonstigen Folgen Personalleasing auf den Betriebsrat hat.
Die COVID-Krise macht es erforderlich, dass auch am Arbeitsplatz Masken- sowie unter besonderen Umständen sogar eine Testpflicht besteht. Vera Habe informiert darüber, welche Pflichten die Arbeitnehmer treffen und welche Ansprüche diesen aufgrund der gesetzlichen Vorgaben zustehen.
Home Office gewinnt im modernen Arbeitsleben immer mehr an Bedeutung. Hans Georg Laimer führt die wichtigsten Punkte an, die dabei zu beachten sind, zB welche Formvorschriften für Home Office Vereinbarung zu beachten sind und wie es um erforderliche Arbeitsmittel steht.
Update Arbeitsrecht | Aktuelle Rechtsprechung und gesetzliche Neuerungen
With Hans Georg Laimer, Andreas Tinhofer and Lukas Wieser.
Thursday, 7 October 2021
09:00 Central European Time
Update Arbeitsrecht – Spezial | Außendienst
Thursday, 24 June 2021
09:00 Central European Time
Congratulations to our Gerold Zeiler for being ranked #1 arbitration lawyer in Austria, and to our Hans Georg Laimer for being ranked a leading employment lawyer by trend magazine!
On 23 April, the Mexican Official Gazette published a new regulatory regime concerning subcontracted work.
We are proud to be ranked by the Legal 500 once again for our work in Arbitration and in Employment!
“Aktuelle Rechtsprechung und gesetzliche Neuerungen“
With Hans Georg Laimer, Andreas Tinhofer and Lukas Wieser.
Thursday, 15 April 2021
09:00 Central European Time
Mutual employment termination agreements can be a beneficial alternative to a unilateral termination for both the employer and the employee.
We are delighted to have all of our Vienna partners ranked in the 2021 edition of Chambers Europe!
In light of recent International Women’s day, we’d like to share the World Bank’s latest Women, Business and the Law report, featuring contributions by our Hans Georg Laimer & Lukas Wieser.
Update Arbeitsrecht – Spezial
With Hans Georg Laimer, Andreas Tinhofer and Lukas Wieser.
Thursday, 4 March 2021
09:00 Central European Time