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Bernhard Hainz

Partner
Attorney-at-law for employment law

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

Specialisation in employment law

Bernhard Hainz is an attorney-at-law for employment law. He is a partner of CMS in Vienna and head of the specialist Employment and Pension Law Department.

Industries

Bernhard Hainz is one of the leading specialists in Austria and for more than 30 years has primarily advised companies in all areas of contentious and non-contentious employment law matters, including the negotiation of collective agreements, works agreements, social plans, disputes with works councils and employees, service agreements and dissolution agreements as well as pension and pension fund matters.

Through 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 prodigious academic expertise with many years of practical experience.

Bernhard Hainz is also active in the field of art law and represents artists and art institutions in Austria and abroad.

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Zum „Leading Individual“ im Arbeitsrecht gerankt

Legal500, 2019

Im Band 1 unter den besten Anwälten im Arbeitsrecht gelistet

Chambers, 2019

Zum „Best Lawyer“ im Bereich Arbeitsrecht in Österreich gekürt

Best Lawyer/Handelsblatt, 2019

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

Chambers, 2017

He is identified by clients as "a specialist in employment and pensions law."

Chambers Europe 2016

"Übervater des Arbeitsrechts in Österreich"

JUVE Magazin 2014

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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Feed

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25/08/2020
“CMS un­chal­lenged at the top of the JUVE rank­ing for em­ploy­ment law” in...
The JUVE magazine ded­ic­ates its cur­rent is­sue to Aus­tri­a's best em­ploy­ment law firms, CMS is one of them. Find more in­form­a­tion here!
21 September 2020
CMS Ex­pert Guide to Dis­missals
The aim of this guide is to ex­plain ex­ist­ing sys­tems of com­pens­a­tion for fair and un­fair dis­missal in vari­ous jur­is­dic­tions in EU, LATAM and Asia
Comparable
18 March 2020
UP­DATE: Em­ploy­ment Law Pack "Coronavir­us"
1. Which busi­nesses need to close, and which may con­tin­ue to op­er­ate as nor­mal?  On Sunday, 15 March 2020, the Aus­tri­an Fed­er­al Act re­lat­ing to Pro­vi­sion­al Meas­ures for Pre­vent­ing the Spread of COV­ID-19...
26/03/2020
Cov­id-19 and la­bour law: op­por­tun­it­ies bey­ond short-time work
Do you have to work short hours? Find out here about al­tern­at­ives to short-time work in times of the Corona crisis!
16 March 2020
Coronavir­us: Ques­tions and an­swers re­lated to la­bour law
The spread of the coronavir­us (Cov­id-19) in Aus­tria is con­tinu­ing and the ac­tion be­ing taken by the gov­ern­ment to con­tain it are hav­ing an in­creas­ingly drastic ef­fect on work­ing life and, con­sequently,...
28/07/2020
Short-time work, tail­or-made
What are the leg­al op­tions for im­ple­ment­ing short-time work? We will work out the ap­pro­pri­ate mod­el with you! Read more here.
16/03/2020
UP­DATE: Em­ploy­ment Law Pack "Coronavir­us"
Read our up­date on la­bour law is­sues re­gard­ing the coronavir­us here.
14/03/2020
Coronavir­us: UP­DATE Work­ing hours and tele­work­ing
Here you can read the most im­port­ant work­ing time leg­al frame­work for tele­work­ing!
12/03/2020
Coronavir­us: Ques­tions and an­swers re­lated to la­bour law
We provide you with com­pre­hens­ive an­swers to the most im­port­ant la­bour law ques­tions in con­nec­tion with the coronavir­us (Cov­id-19).
10/08/2018
CMS in Aus­tria ex­cels in em­ploy­ment law: ex­clus­ive top spot in the JUVE...
01/01/2018
Lit­ig­ate. Ar­bit­rate. Re­solve.
Bro­chure Dis­pute Res­ol­u­tion
01/01/2018
Em­ploy­ment em­ploys us
Bro­chure Em­ploy­ment Law