We have been advising employees and employers on labor law for decades. Knowing both sides is a crucial advantage.
The position of the Austrian employer in international corporations also requires knowledge of cross-border corporate structures, supplemented by an insight into the labor law principles of other countries that we have accumulated over the years.
The drafting of employment contracts, both in German and in English, is the most important basis for a good employment relationship. This not only avoids disputes, but also benefits both sides. Numerous provisions of labor law are unilaterally mandatory, i.e. they must not be changed to the detriment of the employee. But there is still a regulatory scope and if something is not regulated, the law applies in any case.
If there is a need for restructuring measures, the focus is often on reducing the workforce. Such measures must be planned with care and the numerous related consequences must be taken into account. This includes, among other things, the need to conclude a company agreement on a social plan, but also the notification according to § 45a Labor Market Promotion Act. Last but not least, one would like to avoid subsequent legal proceedings in the context of restructuring.
In companies with a works council, the creation and updating of works agreements is essential. Due to the complex structure of Austrian collective labor law, company agreements must be carefully concluded and an employer sometimes has a tough negotiating partner with the works council.
In Austria, the principle applies that you do not need a reason for dismissals. However, the regulations of §§ 105f ArbVG amount to a protection against dismissal that often exists in practice. Dismissal procedures on both the employee and the employer's side are among the most frequently seen court proceedings in labor law.
Labor law disputes can have many reasons. The regulations of the labor court procedure differ in essential points from the normal civil procedure. Classic disputes, such as the demand for salary claims, also form the basis of disputes such as (illegal) transfers, the need to terminate or dismiss protected individuals or to replace the works council's approval of works agreements. We advise our clients on all of these issues before proceeding, represent them in court and support them in enforcing court decisions.
Dr. Metin Akyürek and Mag. Jakob Hütthaler-Brandauer have been active in labor law for years and represent employees and employers. They know the needs of small businesses as well as of listed, international corporations.