Twitter Logo Youtube Circle Icon LinkedIn Icon

The Legal 500 Hall of Fame Icon The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.
Click here for more details

Austria > Legal Developments > Employment > Law firm and leading lawyer rankings

Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

European Court of Human Rights: Employers have limited rights to monitor employee communications at

September 2017 - Employment. Legal Developments by Schönherr.

More articles by this firm.

A landmark decision was issued yesterday (Judgement Bărbulescu v. Romania), a source of debate in the media, in which the European Court of Human Rights clarified the restrictions on monitoring employees in the workplace.

Austria: Avoid Expensive Mistakes As Startup Employer

July 2017 - Employment. Legal Developments by Schönherr.

More articles by this firm.

As violations may lead to enormous liabilities, start-up employers are advised from the outset to comply with the applicable laws pertaining to their personnel. In addition to being an underestimated factor when it comes to financial liabilities, employment-law-related mistakes may also result in difficulties in the course of a company's sales process. For a better understanding of what can go wrong in employment relationships, three of the most common mistakes that employers make are listed below. read more...

ECJ Allows Prohibition of Headscarves at Workplace

April 2017 - Employment. Legal Developments by Schönherr.

More articles by this firm.

Employers may prohibit their employees from wearing Islamic headscarves and other religious or political symbols, subject to certain conditions. On 14 March 2017, the European Court of Justice (the "ECJ") adopted a corresponding ruling in Luxembourg and decided on two cases in this respect, one dealing with a receptionist from Belgium and the other with a software designer from France. read more...

Facilitation or Liability Trap for Foreign Employers? - The Revised Austrian Law against Wage and So

February 2017 - Employment. Legal Developments by Schönherr.

More articles by this firm.

On 1 January 2017, the revised Austrian Law against Wage and Social Dumping ("Lohn- und Sozialdumping Bekämpfungsgesetz" or "Revised LSD-BG") came into force. The Revised LSD-BG applies to matters arising after 31 December 2016.

Proposed amendments to the Czech Labour Code - Are they really important?

May 2016 - Employment. Legal Developments by Schönherr.

More articles by this firm.

The Czech Ministry of Labour and Social Affairs (the "MLSA") recently submitted a new proposal for interdepartmental comment, that will modify the current Labour Code[1]. read more...

Balancing the right to employer control with employee privacy concerns

March 2016 - Employment. Legal Developments by Schönherr.

More articles by this firm.

Introduction

Surveillance of employees in the workplace has long been a hot topic among managers, human resources professionals and employment lawyers. The development of IT equipment used in the course of work, the widespread use of social media, the increasing level of teleworking and other flexible working methods all require employers to implement new techniques to control their employees' work. Read more...

Has the European Court of Human Rights Officially Allowed Employers to Read Employees' Private E-mai

February 2016 - Employment. Legal Developments by Schönherr.

More articles by this firm.

Employers often wish to monitor how their employees use work computing facilities during office hours. In a recent judgment (Barbulescu v Romania application 61496/08, 12 January, 2016), the European Court of Human Rights ("ECHR") illuminates the circumstances that may justify employers monitoring employees' communication.  read more...

Hungary: Can overqualification constitute valid grounds for dismissal?

February 2016 - Employment. Legal Developments by Schönherr.

More articles by this firm.

Employing overqualified employees has long been a source of debate among human resources (HR) professionals. Several practical HR aspects must be addressed when employing such workers, which often give rise to legal issues. This update highlights these issues in the context of Hungarian law. Read more...

Hungary: Restrictions on use of temporary staff agency workers

January 2016 - Employment. Legal Developments by Schönherr.

More articles by this firm.

The use of temporary staff agencies and agency workers has increased steadily in Hungary over the past two decades. The legal relationship in this context is usually referred to as 'workforce lending', as it is understood that the agency's assignment of workers to the undertaking that uses them constitutes lending. Although the basic concept of workforce lending and detailed regulations on this tripartite legal relationship were officially adopted in 2001 as part of the harmonisation of Hungarian law with EU law, the concept had actually been in use much earlier. read more...

Serbia: New Act on Assignment of Employees to Work Abroad is Adopted

November 2015 - Employment. Legal Developments by Schönherr.

More articles by this firm.

The Republic of Serbia's Act on Conditions for Assignment of Employees to Temporary Work Abroad and their Protection ("Act") entered into force on 13 November 2015, and it will be applicable as of 13 January 2016.

The provisions of this Act will not be applicable to the assignment of employees to EU member states or countries in the European Economic Area as of the day the Republic of Serbia becomes a full member of the EU. Read more...

Hungary: Unlawful dismissal – additional damages claims after binding court decision?

October 2015 - Employment. Legal Developments by Schönherr.

More articles by this firm.

  • New penalty system for unlawful dismissal
  • Damages caused by unlawful dismissal
  • Lost income – calculation, amount and enforcement

New penalty system for unlawful dismissal.

The 2012 Labour Code introduced significant changes concerning the compensation to be paid by employers in the event of unlawful dismissal. Since the new rules apply to all unlawful dismissal cases commenced after the entry into force of the new Labour Code (ie, after July 1 2012), it has taken some time for these cases to be processed, and thus also for the potential pitfalls of the new regulations to be identified and conclusions to be drawn. read more

Hungary: Unlawful dismissal - additional damages claims after binding court decision?

October 2015 - Employment. Legal Developments by Schönherr.

More articles by this firm.

New penalty system for unlawful dismissal The 2012 Labour Code introduced significant changes concerning the compensation to be paid by employers in the event of unlawful dismissal. Since the new rules apply to all unlawful dismissal cases commenced after the entry into force of the new Labour Code (ie, after July 1 2012), it has taken some time for these cases to be processed, and thus also for the potential pitfalls of the new regulations to be identified and conclusions to be drawn. Read more...

Slovenia: New Employment Legislation Brings Simplifications for Foreigners

September 2015 - Employment. Legal Developments by Schönherr.

More articles by this firm.

The recently adopted ZZSDT, which enters into force on 1 September 2015, sets out new conditions for the employment, self-employment and work of foreigners and indirectly transposes the relevant EU Directive into national legislation. Read more... 

Poland: Changes in the Labour Law

September 2015 - Employment. Legal Developments by Schönherr.

More articles by this firm.

On 21 August 2015 an act amending the Polish Labour Code was published in the Journal of Laws. The long-expected changes come into force after 6 months from publication. We would like to highlight the following changes: read more... 

Home office expenses - New flat-rate indemnity

June 2015 - Employment. Legal Developments by Claeys & Engels law firm.

More articles by this firm.

In its new "Administrative instructions 2015/2", the NSSO has now set the maximum indemnity for home office expenses at 119,61 EUR per month.

Read more 

Hungary: Update on Rules Applicable to Executives

May 2015 - Employment. Legal Developments by Schönherr.

More articles by this firm.

Hungarian law differentiates between general employees and executives. The biggest difference between the two is that many provisions of the Hungarian Labour Code which protect "ordinary" employees and restrict the kinds of agreements which can be made with them do not apply to executives. This means that the law is less protective and more flexible towards executives. read more...

Poland: Overview of New Labour Law Developments

April 2015 - Employment. Legal Developments by Schönherr.

More articles by this firm.

I.      Change in the labour law. Abolishing the obligation of the pre-employment health examination

II.        Planned amendments to the labour law read more...

Poland: Overview of New Labour Law Developments

April 2015 - Employment. Legal Developments by Schönherr.

More articles by this firm.

I.         Change in the labour law - Abolishing the obligation of the pre-employment health examination read more...

CZ: Hidden Recordings of Employees may be Used as Legal Evidence in Court Proceedings

April 2015 - Employment. Legal Developments by Schönherr.

More articles by this firm.

In the Czech Republic, the permissibility of using hidden recordings or other similar kinds of evidence within a court proceeding is quite questionable. At the end of 2014, the country's Constitutional Court issued an interesting decision (II ÚS 1774/14 dated 9 December 2014) on such matters that is particularly relevant for employers, as it deals with a dismissed employee's use of such means against his or her employer. read more...

Slovakia: Checkmate? New law regulates protection of employees when blowing the whistle

December 2014 - Employment. Legal Developments by Schönherr.

More articles by this firm.

So far, in Slovakia there has not been in force any regulation specifically addressing whistleblowing situations in which employees report wrongdoings, such as the commission of a crime which they learnt about in connection with the performance of their employment, work or function. Certain partial aspects related to whistleblowing have been regulated by the country's data protection, criminal and labour laws. read more

Austria: Comeback of the Bonus-Malus System in Austrian Labour Law

January 2014 - Employment. Legal Developments by Schönherr.

More articles by this firm.

In 2009, Austria scrapped the "Bonus-Malus System" for employing or terminating employment relationships involving persons older than 50 as part of its response to the financial crisis. After more than three years during which there had not been any payment obligation in case of a termination, a levy was reintroduced with 1 January 2013. According to the government programme of Austria's newly-installed coalition government, this levy shall in turn be replaced by a new "Bonus-Malus System" fully effective with the start of 2017. read more...

Poland: Protection of employee workplaces - new anticrisis act

November 2013 - Employment. Legal Developments by Schönherr.

More articles by this firm.

On 21 November 2013, the new Polish act on special solutions related to workplace protection will come into force (the so-called "new anticrisis act", hereafter "Act"). The main purpose of the Act is to provide financial aid to those employers whose conditions of conducting business activity have temporarily deteriorated in order to protect the workplaces of the employees. read more...

Romania: International secondments - how to apply the law

October 2013 - Employment. Legal Developments by Schönherr.

More articles by this firm.

Employee's mobility is on many employers' agenda for a wide number of reasons, including limited qualified resources and a need to access new labour markets, requirements for experience exchange, focus on encouraging cultural diversity, exposure to the global market, and entering new territories. read more...

Poland: Amendments to the labour code. New working time provisions.

August 2013 - Employment. Legal Developments by Schönherr.

More articles by this firm.

An amendment to Poland's Labour Code regarding changes in the organization of employee working time will come into force on 23 August 2013. The new regulations introduce changes that have been long-awaited by employers with regard to the organization of employee working time. read more...

Austria: New laws on Hiring-Out of Labour

January 2013 - Employment. Legal Developments by Schönherr.

More articles by this firm.

Based on directive 2008/104/EC, Austria's hiring-out of labour laws have been amended (BGBl 98/2012). According to the directive, the implementation into national law should already have taken place by 5 December 2011. After a first failed attempt in February 2012 to implement the directive effective 1 July 2012, the implementation has now taken place belatedly, effective 1 January 2013. Furthermore, the new laws on the hiring-out of labour not only implemented the directive, but also stipulated further regulations for temporary work. This text provides an overview of the most important amendments in the new laws.

Czech Republic: Statutory Body v Employee

September 2012 - Employment. Legal Developments by Schönherr.

More articles by this firm.

It is a common practice in the Czech Republic that the statutory body or member of the statutory body (executive in a limited liability company and board member in a joint stock company)1 is at the same time employed as a director.

Austria: To Transfer or Not to Transfer: That is the Question

July 2012 - Employment. Legal Developments by Schönherr.

More articles by this firm.

Austria has two systems of statutory severance payments. One applies to employment contracts that started before 2003 (Abfertigung Alt; old system) and one to contracts that started in 2003 or later (Abfertigung Neu; new system). Mixed systems or total transfers from the old system to the new system are possible, but not for long.

Austria: Mandatory declaration of minimum remuneration in job postings

January 2012 - Employment. Legal Developments by Schönherr.

More articles by this firm.

The latest amendment of the Austrian Act on Equal Treatment (Gleichbehandlungsgesetz – GlBG; in force since 1 March 2011) sets into force a provision requiring the declaration of minimum remuneration in job postings. As of 1 January 2012, any infringement of this provision may lead to sanctions.

The ceiling of 100 employees for the establishment of a works council remains unchanged

September 2011 - Employment. Legal Developments by Schönherr.

More articles by this firm.

Today's Belgian Official Journal contains the Act confirming that all companies ("technical operating unit") that usually employ in 2011 on average at least 100 employees (including certain categories placed on the same footing like for example temporary employees), have the obligation to organize social elections for the establishment (or renewal) of a works council (as well as obviously for a committee for prevention and protection at work for which the ceiling remains at a minimum of 50 employees).

Is it legal to post employee photos on the web?

August 2011 - Employment. Legal Developments by Schönherr.

More articles by this firm.

Under the provisions of Polish law employers are entitled to obtain their employees’ per-sonal data. Art. 22¹ of the Polish Labour Code specifies the scope of this data, but ex-cludes photos of employees. It’s not unusual, however, for employers to acquire an em-ployee’s photo during the recruitment process and to then post it on the company web-site.

Austria: Employment market to open on 1 May 2011

April 2011 - Employment. Legal Developments by Schönherr.

More articles by this firm.

Facts

Transnational provisions currently allowing Austria to protect its employment market from nationals of countries which joined the EU in 2004 will partly expire at the end of April 2011.

New rules for work permits in Ukraine

August 2009 - Employment. Legal Developments by Wolf Theiss.

More articles by this firm.

In view of the increase in unemployment, Ukraine also will amend its rules and regulations regarding the issuance of work permits for foreigners. These new rules will affect those Austrian expats currently working in Ukraine (e.g. managing directors, members of supervisory boards and other skilled labour) who wish to extend their work permits, as well as those who intend to work in Ukraine once the respective law has been enacted.

Interview with...

Law firm partners and practice heads explain how their firms are adapting to clients' changing needs

International Law Firm Networks

International comparative guides

Giving the in-house community greater insight to the law and regulations in different jurisdictions.

Select Practice Area

GC Powerlist -
Europe

International Law Firm Networks