Picture of Bernhard Hainz

Bernhard Hainz

Partner

CMS Reich-Rohrwig Hainz
Rechtsanwälte GmbH
Gauermanngasse 2
1010 Vienna
Austria
Languages German, English

Bernhard Hainz is a partner at CMS in Vienna and head of the team for employment and pensions law. As one of Austria’s leading specialists, he has been advising companies for more than 30 years, primarily across all areas of contentious and non-contentious employment law, including the negotiation of collective agreements, company-wide agreements, social plans, disputes involving works councils and individual employees, the conclusion of employment contracts and dissolution agreements, as well as pension and/or pension fund issues.

As a result of his previous position as an assistant at the Vienna University Institute for Employment Law and Social Law, Bernhard Hainz and his team combine high-level academic qualifications with many years of practical legal experience.

In addition, Bernhard Hainz has expertise in the area of art law and in this connection he represents artists and art institutions both nationally and internationally.

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"Übervater des Österreichischen Arbeitsrechts"

JUVE Magazine 2014

"Seasoned partner" Bernhard Hainz is described by clients as "a specialist in employment and pension law" doing "extremely good" work.

Chambers Europe 2017

Top-ranked department head Bernhard Hainz is widely regarded as "a tough litigator" who is "certainly one of the leading employment law partners."

Chambers Europe 2015

Relevant experience

  • Advising a globally active pharmaceutical company on various employment law-related matters in Austria.
  • Advising and representing a famous Viennese theatre and its shareholders in a highly-publicised case against the former director and vice director with regard to the executive's duty of care.
  • Advising Austrian energy companies on employment and pensions issues.
  • Advising the entire Austrian credit sector on a test case regarding the discrimination of part-time employees, through a provision on child allowances in the collective agreement. The case is currently pending before the ECJ
  • Advising an insurance company on a class action seeking compensation for under-performing pension funds.
  • Advising a globally active IT- and consultant company on actions concerning pension funds, especially with regard to the interpretation of pension’s schemes (part time employment contracts).
  • Advising a globally active healthcare company on employment issues regarding the restructuring and integration of a medical technology company (post-acquisition).
  • Advising a German technology company and its pension fund in a class action seeking compensation for under-performing pension funds.
  • Advising the leading European healthcare facilities and health tourism company with respect to individual and collective employment issues, especially concerning collective agreements.
  • Advising one of the leading Austrian energy companies and its management on employment law matters.
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Education

  • 1985 - Assistant at Vienna University Institute for Employment Law and Social Law
  • 1981 - Law studies at the University of Vienna, graduated with Doctorate
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Memberships

  • International Bar Association (IBA)
  • European Employment Lawyers’ Association (EELA)
  • International Association for Defence Counsels (IADC)
  • President, Hans Schmitz Gesellschaft (an organisation which hosts research seminars on matters of employment law and social law)
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Publications

  • Arbeitsrechts Kommentar (Employment Law Commentary, German publication), (co-author), MANZ
  • Das Arbeits –und Sozialrecht in CEE (Employment Law and Social Law in the CEE, German publication), (publisher), MANZ
  • Dienstnehmerhaftungsprivileg bei Führungskräften? (Employee liability privilege for senior managers?, German publication), Commemorative publication for Dr. Johannes Reich-Rohrwig (2014)
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Lectures list

  • Employment law seminar held by the Hans Schmitz Gesellschaft in Traunkirchen, 2014: Legal problems of pension fund regulations in business transfers
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