Andreas Tinhofer is a partner with our firm, and an employment law specialist.

Andreas has been advising employers and managers for 20 years in all employment law matters including employee data protection and company pensions. His expertise encompasses issues such as restructuring and social plan negotiations, working time, independent contractors, employee representative matters (including works agreements), termination of employment, company pensions, post-employment restrictions and posting of workers.

He regularly represents his clients before the Austrian courts and other public authorities (e.g. Ombuds for Equal Treatment, conciliation boards).

Andreas has published numerous articles on various employment law issues (e.g. business transfer, dismissals, service agreements of board members and posting of workers). Since 2009 he has acted as National Correspondent of the international legal journal “European Employment Law Cases” (EELC).

Andreas is a graduate of the University of Vienna (Dr. iur. 2000) and the University of Exeter (LLM 1995), with additional study at the Université Paris II (1992). After graduation, Andreas researched and lectured as an Assistant Professor in employment law at the Vienna University of Economics and Business (WU Wien), while frequently speaking at seminars for executives and HR managers.

Andreas Tinhofer is a member of the Vienna Bar Association, the Austrian Society of Employment Law and Social Law, the International Society of Employment Law and Social Law and the European Employment Lawyers’ Association (EELA).

Andreas works in English (fluent) and German (native), with a working knowledge of French and basic Spanish.

Highlights of Andreas’s work include the following:

  • Ongoing, comprehensive advice to an international pharmaceutical group of companies on various aspects of employment law including restructuring and social plans, employee representative matters (works agreements, participation rights of the works council in relocation matters), data protection law, terminations and posting of workers. Andreas also successfully defended one group company against dismissal claims brought by several employees that had been laid-off due to business reasons.
  • Assisting the CEO of an international stock-listed packaging and paper company in negotiating a severance package and advising him on his service agreement with the new company
  • Advising and representing a bank on various issues of employment law including terminations of employment due to prolonged sick leave
  • Advising an international manufacturer headquartered in Austria on the renewal of the European works council and on its plans to divest one of its business units involving information and consultation requirements towards the works council and business transfer rules.
  • Ongoing representation of an Austrian printing company against a former employee in a non-competition case before the employment court including the compensation of damage.
  • Advice to the Chief Science Officer (CSO) of a listed stock-company regarding the renewal of her service agreement
  • Ongoing representation of one of Austria’s largest listed industrial companies in a pension case before the employment court where a former male employee claims that the pension scheme discriminates against men.
  • Assisting a large laboratory in the consultation process conducted by the employers’ organisation regarding working time schemes. Andreas is advising this client also on various other employment law issues such as posting of workers and data protection law.
  • Advising a large industrial company on the planned change of its shift-work scheme under the new working time rules
  • Ongoing, comprehensive support of a nursing home operator on various issues of employment including working time and data protection rules

Interested in specific aspects of Andreas’s recent work? Contact vienna@zeilerfloydzad.com for further reference cases.

Professional Experience

  • Partner, Zeiler Floyd Zadkovich, Vienna/Austria (since 2021)
  • Attorney at Law (in cooperation), Zeiler Floyd Zadkovich, Vienna/Austria (2020-2021)
  • Attorney at Law (in cooperation), zeiler.partners Rechtsanwälte GmbH, Vienna/Austria (2020)
  • Partner, MOSATI Rechtsanwälte, Vienna/Austria (2010-2020)
  • Partner, CMS Reich-Rohwig Hainz, Vienna/Austria (2003-2007)
  • Secondment, CMS Cameron McKenna, London/UK (2003)
  • Lecturer, Labour Law Department, Vienna University of Economics and Business (1999-2019)
  • Assistant Professor, Labour Law Department, Vienna University of Economics and Business (1995-1999)
  • Assistant Professor, Labour Law Department, Vienna University of Economics and Business (1993-1994)

Education

  • Austrian Bar Exam (with distinction), Vienna/Austria (2003)
  • Doctor of Law, University of Vienna, Vienna/Austria (2000)
  • LL.M., University of Exeter, Devon/UK (1995)
  • Magister Iuris, University of Vienna, Vienna/Austria (1992)
  • Erasmus Exchange Student, Université Paris II, Paris/France (1992)

TREND Anwaltsranking 2019

  • Top 10 ranking in the category “Employment Law”
  • Austria: Labour, Employment and Benefits 2020

JUVE 2018

  • Recommended - “Employment Law” for Austria

Chambers Europe 2019

  • “Andreas Tinhofer maintains an outstanding market reputation for his broad employment practice, which also covers social law mandates. One interviewee notes his ability to conduct negotiations in a diplomatic manner: "He has a phenomenal ability to bring calm into very tough negotiations.“"

JUVE 2020

  • Employment Law 2020
    “outstanding reputation”, “excellent”, “very creative, very reliable”

Handelsblatt 2020

  • Austria 2020

Best Lawyers 2020

  • Austria 2020

Chambers Europe 2020

  • Employment: Austria 2020 (Band 1)
    “Sources continue to single out Andreas Tinhofer as a "very well-connected" figure and "an important person in the market," going on to praise his "brilliant brain and huge expertise." An experienced litigator, he also advises on non-contentious employment law mandates, including restructurings and company pensions issues.”
  • Key Lawyer - Employment (Austria: Tier 4)

Chambers Europe 2021

  • Employment (Austria: Band 1)

Leaders League 2022

Best Lawyers 2022

  • Labour & Employment 2022

JUVE 2022

  • Leading Name - Employment
    „ausgezeichneter Anwalt, äußerst kollegial“, „sehr hohe fachliche Kompetenz, lösungsorientiert, fairer Verhandlungspartner“
  • Global Leader - Labour & Employment 2022
    "Andreas is customer-oriented and has excellent commercial understanding", "His approach is fair and respectful", "He has a wide knowledge of case law"

Chambers Europe 2022

  • Employment (Austria: Band 1)
    Andreas Tinhofer remains one of Austria's most sought-after employment law experts, advising on terminations, restructuring-related labour law issues and pension claims as well as bonus payment disputes. His expertise in cross-border employee and business transfers makes him a top choice for internationally active clients. One source describes Andreas Tinhofer as a "true expert in employment law," further appreciating him for understanding "how to balance employment law in the business environment, which is just incredibly helpful."

Best Lawyers 2023

  • Labor & Employment Law
  • Disputes for Breakfast | Employment – 6 October 2022

    Disputes for Breakfast | Employment – 6 October 2022

    Update Arbeitsrecht | Aktuelle Rechtsprechung und gesetzliche Neuerungen
    With Hans Georg Laimer, Andreas Tinhofer and Lukas Wieser.

    Thursday, 6 October 2022
    09:00 Central European Time

  • Disputes for Breakfast | Employment

    Disputes for Breakfast | Employment

    Update Arbeitsrecht | Spezial
    „Urlaub und weitere Abwesenheitszeiten“
    With Hans Georg Laimer, Andreas Tinhofer and Lukas Wieser.

    Thursday, 2 June 2022
    09:00 Central European Time
    Hybrid | at our offices at Zedlitzgasse 7, 3. Stock, 1010 Wien or Online

    Register here for the in-person breakfast.
    Register here for the online breakfast.

  • IPDC2022

    IPDC2022

    To foster the exchange necessary for rethinking what the legal landscape could look like in a world dominated by automated, data-driven discovery, we brought together international legal experts and experts from science and technology. At the conference, the teams and individual speakers will present their approaches to topics including patent law and blackbox algorithms, protectability of AI generated inventions, access to and protection of datasets, algorithmic bias and more. Join the conference for introductions and updates on legal developments in a data-driven economy fueled by artificial intelligence and machine learning.

    Speakers include Ryan Abbott (University of Surrey and UCLA, DABUS project), Dr. Ulrike Till (WIPO), Philipp Homar (University of Linz), Jacques de Werra (University of Geneva), Alexandra Ebert and Paul Tiwald (MOSTLY AI), Żaneta Zemła – Pacud (Polish Academy of Sciences), Fabian Stanke (SONN Patentanwälte), Andreas Tinhofer (ZFZ), Matteo Aldeghi (MIT), Christoph Langer (IMBA), Melina Peer (ZFZ). The conference will be moderated by Alexander Zojer (ZFZ) and Lukas Hutter (biotop).

    This is an in-person event. Attendance is free of charge, but seating will be limited – for a guaranteed place at the conference, please make sure to register here.

  • Disputes for Breakfast | Employment

    Disputes for Breakfast | Employment

    Update Arbeitsrecht | Aktuelle Rechtsprechung und gesetzliche Neuerungen
    With Hans Georg Laimer, Andreas Tinhofer and Lukas Wieser.

    Thursday, 5 May 2022
    09:00 Central European Time

  • Andreas Tinhofer Collaborates with Linde Verlag to Create Smart Contract Maker

    Andreas Tinhofer Collaborates with Linde Verlag to Create Smart Contract Maker

    Linde Verlag just released their new cutting edge smart contract maker for human resources management.

  • Disputes for Breakfast | Employment

    Disputes for Breakfast | Employment

    Update Arbeitsrecht | Spezial
    „Mobbing, (sexuelle) Diskriminierung und COVID-19 Maßnahmen am Arbeitsplatz”

    With Hans Georg Laimer, Andreas Tinhofer and Lukas Wieser.

    Thursday, 27 January 2022
    09:00 Central European Time

  • Landmark Austrian Decision on Protection against Termination of Employees during Kurzarbeit (short work) | ZFZ Postcard Cases

    Landmark Austrian Decision on Protection against Termination of Employees during Kurzarbeit (short work) | ZFZ Postcard Cases

    The Austrian Supreme Court ruled in a landmark decision, published yesterday, that the Austrian statutory Kurzarbeit (short work) provisions do not provide companies’ individual employees with protection against termination of their employment.

  • Disputes for Breakfast | Employment

    Disputes for Breakfast | Employment

    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

  • Disputes for Breakfast | Employment

    Disputes for Breakfast | Employment

    Update Arbeitsrecht – Spezial | Außendienst

    Thursday, 24 June 2021
    09:00 Central European Time

  • New Legal 500 EMEA 2021 Rankings!

    New Legal 500 EMEA 2021 Rankings!

    We are proud to be ranked by the Legal 500 once again for our work in Arbitration and in Employment!