In addition to immigration and residence law, another focus of our work is in the area of employment and the related legal regulations.
For employees, especially those who have immigrated to Austria and are concluding an employment contract here for the first time, questions regularly arise about the claims to which they are entitled under their employment relationship. These include salary, holiday entitlement, maximum working hours or also how to take action against unjustified dismissal or redundancy.
Employers often focus on economic considerations in connection with employment law issues. What costs do I incur when employing new workers, how do I deal with a works council in my company, how do I formulate a correct employment contract, how do I protect myself against unjustified claims by my employees and how do I best defend myself before the labour and social courts.
We represent both employees and employers in all matters relating to individual and collective labour and employment law. We advise out of court and represent our clients before the labour and social courts. This gives us a 360° perspective in order to achieve the best possible result.
The following topics are regularly of particular importance for our clients:
In the case of termination or dismissal, the employee may challenge the termination or dismissal under certain conditions. This depends on the length of service of the employee, the existence of a works council and the reason for the termination or dismissal. If the termination was made for a legally proscribed motif or if it is socially unacceptable, it can be challenged before the Labour and Social Court.
Not every challenge to dismissal and not every assertion of claims arising from the employment relationship is justified. We assist employers in defending themselves against unjustified claims as well as in planning measures to avoid labour court proceedings.
Normal working hours, overtime, flexitime, part-time, breaks, rest periods, public holidays, etc. The regulations on working time are a jungle of overlapping provisions from the law, collective agreements, company agreements and individual employment contracts.
We help our clients not to lose track of the regulations, so that on the one hand they receive what they are entitled to for the work they have done, and on the other hand the regulations on working time can be observed correctly by the employer so that they do not have to fear any fines after inspections by the labour inspectorate.
Labour and social courts have jurisdiction whenever disputes arise between employers and employees, whether in connection with the employment relationship or its initiation, or in disputes under works constitution law, often in connection with a works council. We are at your disposal as experienced representatives in all proceedings before the labour and social courts.