Employment law is constantly changing. Not only Austrian and European laws have to be observed, but also industry-relevant regulations such as collective agreements or ordinances have to be included. Last but not least, works agreements and employment contracts have to be updated and there is a permanent development of the law by courts and authorities.

We represent and advise employers, works councils and employees in all matters of collective and individual labor law.

Attorney Erwin Fuchs has been an enthusiastic knowledge broker for more than 15 years and lectures in-house and at events on various labor and data protection law topics or trains managers and employees on labor and data protection law compliance processes.

We are therefore very happy to support you in particular with the following services:

Labor law compliance checks - sanity checks

• Determination of the correct collective agreement
• Review of company agreements
• Review of company practices and all labor law processes
• Review of employment contracts

Advice on labor law due diligence audits and in connection with business transfers

• Determination of labor law risks in connection with the acquisition and sale of companies and operations as well as parts of operations
• Examination of the employment law consequences of transfers of businesses and parts of businesses
• Post-merger integration in labor law

Change management in labor law

• Advice on operational changes and restructuring, in particular mass dismissals and social plans
• Examination of options for unilateral amendment of employment and remuneration conditions
• Advice in connection with (deteriorating) transfers at the level of the works constitution and the individual employment contract

Group employment law

• Advice on group labor law issues, in particular secondment and assignment
• Examination of group-wide employment conditions
• Preparation of group-wide labor law processes

Posting and secondment

• Examination of personnel assignments for the applicability of the AÜG (Austrian Personnel Leasing Act)
• Advice on secondments and assignments on the part of the transferor and the employer, as well as the preparation of framework agreements between transferors and employers for the b2b transfer of personnel
• Advice on chain leasing and preparation of the necessary documents for this purpose
• Preparation of secondment and transfer agreements
• Introduction of guidelines on cross-border personnel assignments

Consulting on the distinction between real vs. free employment contract vs. contract for work and services

• Review of operational processes for the employment of (freelance) employees and work contractors
• Advice and representation in court and official proceedings to determine the correct employment status

Consulting in the area of working hours

• Determination of the working time models permissible in each industry
• Working time solutions for each individual employee group
• Consideration of the different types of emplyoees, e.g. for executive employees, sales representatives or night workers in working time laws
• Minimization of wage costs through flexible normal working time models

Consulting in the area of remuneration

• Checking the correct classification in the right collective agreement
• Establishment of a bonus model
• Introduction of incentive pay models
• Introduction of permissible overtime flat rates and all-in agreements

Consulting in the area of vacation

• Introduction of company holidays
• Changeover of the vacation year
• Principles of vacation consumption

Representation before courts and authorities

• Proceedings in context with the dismissal of employees
• Proceedings in case of employees with special protection against dismissal
• Proceedings to establish the validity of the employment relationship
• Defense against unjustified claims and assertion of justified claims, in particular in the areas of remuneration, working hours and vacation time
• Clarification of questions relating to works constitution law

Data Privacy Compliance

• Advice on all data privacy law processes, in particular in connection with applicants, employees and former employees
• Advice on and drafting of individual agreements and works agreements under data protection law
• Advice on directories of processing activities and data protection impact assessments