Employment
CHRISTOPH LUDVIK
Employment Expert
c.ludvik@attys.law
As an employer in Austria, you face a variety of employment law questions and challenges. At ATTYS, we understand the complexity of these matters and are here to help you. Our dedicated team of attorneys provides you with tailored solutions to meet your specific needs. We assist you in drafting employment contracts, clarifying questions regarding working time regulations and payroll, and handling employment law disputes. With our comprehensive experience and expertise, we stand by your side to ensure that you always act in accordance with applicable laws and regulations. In cases where this is not feasible, we will represent you before the authorities and courts in order to achieve the best result possible.
Hiring and OnboardingYou know which employees you want to engage but don’t know how to go about it? Establishing employment relationships requires careful legal consideration and implementation. At ATTYS, we provide tailored guidance for businesses that are scaling up and seeking to establish new employment relationships. Our dynamic team of employment law experts supports you in drafting legally secure employment agreements and fair compensation models that fairly balance all interests. We analyze your way of operating and address any questions you may have regarding working hours, compensation, and other labor-related matters. Trust our expertise to ensure that your new employment relationships align with your needs and the applicable laws and regulations. Our comprehensive advice covers all legal requirements and helps you identify and minimize potential risks.
Compensation Models
We help you optimize your employees’ compensation mix and support your business goals by providing expert advice on the various compensation systems and options available. We support you in designing, developing, and implementing customized compensation systems to meet your needs and comply with legal requirements. This includes analyzing, reviewing, and improving existing compensation systems, supporting you in creating new incentive and bonus systems, advising on stock options and other forms of employee participation, developing profit-sharing models, and providing comprehensive advice on company pensions. Our experienced team will guide you through the entire process and help you design the optimal compensation mix.
Conflicts and Termination
Are you having problems with employees, or are you about to terminate employment relationships? We understand the complexity, multifaceted nature, and sensitivity associated with terminating employment relationships. Our goal is to make this process as smooth as possible for you while ensuring legal certainty. We offer comprehensive support, starting with the preparation of legally secure termination letters and extending to the negotiation of termination agreements. Our customized solutions are designed to meet your specific requirements and reflect the relevant social security and tax regulations. Should legal disputes before labor or social courts or authorities such as the Social Ministry Service become necessary, we will be at your side offering our expertise.
Should legal disputes before labor or social courts or authorities such as the Social Ministry Service become necessary, we will be at your side offering our expertise. Trust in our specialist knowledge to obtain comprehensive legal advice and support in every phase of the termination of employment relationships.
Executive Personnel
At ATTYS, we provide specialized support for executives. We support executives and their employers in contract negotiations, contract drafting (looking ahead as well as backwards), and assertion of their rights, whether it be renewing employment contracts, designing compensation packages, or clarifying liability issues. Our aim is to provide you with security and legal clarity so that you can concentrate on your tasks without having to worry about legal issues.
If a conflict arises, we will competently advise and represent you regarding issues such as workplace disputes, internal investigations, disciplinary measures, or dismissals. We also support you in assessing and defining post-contractual non-competition clauses and non-compete agreements and in any labor disputes that may arise.
Works Constitution and Works Council
We offer comprehensive support in dealing with your works council and your workforce. We are at your side to ensure that your prerogatives as an employer are protected and to effectively resolve any legal conflicts. We have proven expertise in the area of cross-border industrial relations, co-determination in corporate boards (e.g., supervisory board), and collective employee data protection.
We offer professional advice and representation in all matters relating to the Works Constitution and the formation of shop agreements (e.g., organization of working hours, use of new technologies, or control measures). We also support you in the event of disputed relocation, dismissal/discharge proceedings, and other special issues related to the Works Constitution (e.g., European Works Council or transnational reorganizations). Our services also include assistance in negotiations on the configuration of social plans and voluntary social packages.
In the event of a dispute with the works council, we will represent you in any proceedings with the works council and represent your best interests before the competent authorities (arbitration board) and courts (labor and social courts). We place particular emphasis on constructive cooperation and finding fair solutions in the interest of all parties involved.
Our goal is to provide you with legal certainty as an employer and to competently assist you in all matters of labor law.
Collective Bargaining Agreement and Industrial Action
Are you facing questions regarding collective bargaining agreements, do you need to conduct negotiations yourself, or are you facing (impending) industrial action? We at ATTYS are your experts in collective labor law and will help you to understand, assess, and – if necessary – shape the regulations of collective bargaining agreements.
We are at your side when it comes to defending yourself against strikes or other industrial action by trade unions, works councils, or individual employees. We ensure that your interests are effectively protected during the industrial action and support you in finding fair and balanced solutions.
Reorganizations
We are experts in operational reorganizations, mass redundancies, and transfers of businesses (TUPE). We understand the complex processes and the interactions between the various legal and economic interests. We apply our experience to help you successfully overcome these challenges.
Our services include legal advice and support for transactions (such as TUPE) and reorganizations, including the development and implementation of rationalization measures. We support you in planning and implementing restructuring and assist you throughout the entire process, ensuring that all legal requirements are met. This includes the individual employment law level of employment contracts along with the collective level of the works constitution (transition of works councils and shop agreements) and collective agreements (determining applicable collective agreements and minimum wage queries).
Cross-Border Staff Deployment and Immigration
Do you intend to post staff to Austria? We provide comprehensive legal support for cross-border personnel deployment. We understand the complex legal requirements and challenges that arise from posting personnel to other countries. Our services include advising and representing companies in the planning and implementation of cross-border personnel deployments, particularly in relation to authorities and the topics of temporary employment and wage and social dumping (LSD-BG). We advise you on residence permits and employment titles to ensure that your staff have the necessary permits to work legally in Austria.
We are at your side to minimize legal risks and ensure smooth and successful implementation of your international projects.
Internal Investigations and Whistleblowing
At ATTYS, we provide comprehensive legal support in the area of internal investigations and whistleblowing. We understand the importance of preventing, detecting, and assessing employee misconduct, along with the legal requirements associated with the EU Whistleblower Directive and the Austrian Whistleblower Protection Act (HSchG). Our services include conducting internal investigations to uncover potential violations of legal regulations or company policies.
We will work with you to conduct internal investigations professionally and efficiently and help you take appropriate action to address employee misconduct. We are committed to protecting your interests and providing you with tailored solutions to minimize legal risk and maintain the integrity of your organization..
Court and Administrative Proceedings
At ATTYS, we offer comprehensive legal support and representation in proceedings before national and international courts and administrative authorities. We understand the challenge and importance of legal disputes and are specialized in effectively representing your interests – ranging from labor and social courts to the European Court of Justice (ECJ).
Our experienced attorneys have the necessary expertise and experience to represent you in courts of law in all legal matters, be it civil, criminal, or administrative proceedings. We are passionate about protecting your rights and achieving the best possible results for you.
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