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Portrait ofBernhard Hainz

Bernhard Hainz

Partner

CMS Reich-Rohrwig Hainz
Rechtsanwälte GmbH
Gauermanngasse 2
1010 Vienna
Austria
CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH –
Sprechstelle Linz
Stelzhamerstraße 2
4020 Linz
Austria
Languages German, English

Bernhard Hainz is a labour law lawyer. He is a partner at CMS in Vienna and head of the specialist department for labour and pension law.
Bernhard Hainz is one of the leading specialists in Austria and has been advising companies for more than 30 years, primarily in all areas of judicial and extrajudicial labour law matters, including the negotiation of collective agreements, works agreements, social plans, service agreements and termination agreements, in disputes with works councils and employees, as well as in pension and pension fund matters.
Due to his former work as an assistant at the Institute for Labour and Social Law at the University of Vienna, Bernhard Hainz and his team combine high academic qualifications with many years of practical experience. In addition, Hainz is also active in the field of art law and represents artists and art institutions in Austria and abroad.

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"Bernhard Hainz is a strong and active lawyer."

Chambers Europe, 2023

"Bernhard Hainz is a very good employment lawyer."

Chambers Europe, 2023

'Sehr angenehm, professionelle Zusammenarbeit, pragmatischer, zielführender Ansatz.'

JUVE Magazin, 2021

'Übervater des Arbeitsrechts in Österreich'

JUVE Magazin, 2014

Relevant experience

  • Advising an internationally active pharmaceutical company on labour law issues in Austria.
  • Comprehensive advice to a well-known Viennese theatre and its shareholders, including in connection with the financial affair involving the former theatre director and the former commercial manager.
  • Advising Austrian energy companies on labour law and pension issues.
  • Entire Austrian credit sector | Advising on a test case in relation to part-time employees concerning a provision regarding child benefits in the collective agreement (currently before the ECJ).
  • Advising an insurance company in a class action concerning overcompensation for underperforming pension funds.
  • Advising a globally active IT and consulting company regarding pension funds, especially with regard to the interpretation of pension schemes (part-time contracts).
  • Comprehensive legal and employment law advice to a global pharmaceutical and consumer goods manufacturer on the restructuring and integration of a medical technology company following its acquisition.
  • Advising a German technology group (and its pension fund) in a class action concerning overcompensation for underperforming pension funds.
  • Advising Europe’s leading healthcare planning and construction company on individual and collective labour law issues, especially with regard to collective agreements.
  • Advising one of Austria's leading energy companies and its management on labour law issues.
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Memberships & Roles

  • International Bar Association (IBA)
  • International Association for Defence Counsels (IADC)
  • Austrian Bar Association
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Awards & Rankings

  • Hall of Fame, Legal 500 (2020, 2021, 2022)
  • Handelsblatt ranks Bernhard Hainz among the best lawyers in employment law in Austria (Best Lawyers Ranking 2019, 2020).
  •  “Leading Individual” in Employment Law, Legal 500, 2019
  • Listed in Volume 1 among the best lawyers in employment law. Chambers, 2019
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Publications

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Lectures list

  • Rechtsprobleme von Pensionskassenregelungen beim Betriebsübergang, AR-Tagung der Hans-Schmitz-Gesellschaft, Traunkirchen 2014.
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Education

  • 1985 – Assistant, Institute for Labour and Social Law, University of Vienna
  • 1981 – Dr. iur., Law, University of Vienna
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Feed

06/03/2024
Close the Gap – Wie die Lohntrans­par­en­zricht­linie die HR-Arbeit verändert
CMS NewsMonitor Employment Law | Folge 31
21/02/2024
The works council as a controller under the GDPR
CMS NewsMonitor Employment Law | Episode 30
06/02/2024
No more time-barring of accumulated annual leave?
CMS NewsMonitor Employment Law  | Episode 29
22/01/2024
Employment, restructuring & insolvency – What happens when something happens
CMS NewsMonitor Employment Law  | Episode 28
25/10/2023
What to consider in case of a strike
CMS NewsMonitor Employment Law  | Episode 27
09/10/2023
Changes in parental leave, part-time parental leave, and carers’ leave
CMS NewsMonitor Arbeitsrecht  | Episode 26
01/08/2023
CMS Expert Guide to Dismissals and Termination of Employment
This year has seen unemployment reach historic lows in many economies. With inflation and interest rates rising, however, employers may face fresh pressures to review their workforce and see where efficiencies...
Comparable
27/02/2023
German Federal Labour Court: Equal pay for equal work – Better negotiating...
CMS NewsMonitor Employment Law - Episode 25
09/11/2022
Clarification (or not) regarding an all-in salary reduction in case of...
CMS NewsMonitor Employment Law - Episode 24
25/10/2022
Supreme Court (OGH): No special protection against dismissal in cases where...
CMS NewsMonitor Employment Law - Episode 23
20/10/2022
CMS Expert Guide to Dismissals and Termination of Employment
When you need to say goodbye don’t say hello to a new set of problems. Terminating an employee’s contract – for whatever reason – is always a challenging task and one that needs to be handled...
09/08/2022
OGH: No full holiday compensation for resignation without cause after all?
CMS NewsMonitor Employment Law - Episode 22