Attorney-at-law for employment law
Attorney-at-law for employment law
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.
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.
- 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.
- 1985 - Assistant at Vienna University Institute for Employment Law and Social Law
- 1981 - Law studies at the University of Vienna, graduated with Doctorate
- 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)
- 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)
- Employment law seminar held by the Hans Schmitz Gesellschaft in Traunkirchen, 2014: Legal problems of pension fund regulations in business transfers