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Portrait of Bernhard Hainz

Bernhard Hainz

Partner

CMS Reich-Rohrwig Hainz
Rechtsanwälte GmbH
Gauermanngasse 2
1010 Vienna
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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He is identified by clients as "a specialist in employment and pensions law."

Chambers Europe, 2016

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

Chambers, 2017

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)
  • European Employment Lawyers’ Association (EELA)
  • International Association for Defence Counsels (IADC)
  • President of the Hans Schmitz Society
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Awards & Rankings

  • Tier 1 ranking for the Employment Law Practice Group, Practice heads: Bernhard Hainz; Christoph Wolf, Legal 500 EMEA, 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 at the Institute for Labour and Social Law, University of Vienna
  • 1981 – Dr. iur., Law, University of Vienna
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Feed

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
06/10/2022
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
09/08/2022
OGH: No full hol­i­day com­pens­a­tion for resig­na­tion without cause after all?
CMS News­Mon­it­or Em­ploy­ment Law - Epis­ode 22
20/06/2022
La­bour and So­cial Court of Vi­enna (ASG Vi­enna): Ter­min­at­ing em­ploy­ment...
CMS News­Mon­it­or Arbeit­s­recht - Epis­ode 21
11/05/2022
No­tice peri­ods and dead­lines for blue-col­lar work­ers: Pro­vi­sions in col­lect­ive...
CMS News­Mon­it­or Arbeit­s­recht - Epis­ode 20
02/05/2022
Lim­ited tax de­duct­ib­il­ity of so­cial plan be­ne­fits deemed un­con­sti­tu­tion­al
CMS News­Mon­it­or Arbeit­s­recht - Epis­ode 19
03/03/2022
Who is re­spons­ible for prov­ing that an e-mail has been re­ceived?
CMS News­Mon­it­or Em­ploy­ment Law- Epis­ode 18
17/12/2021
No in­di­vidu­al con­trac­tu­al pro­tec­tion against dis­missal dur­ing short-time...
CMS News­Mon­it­or Em­ploy­ment Law - Epis­ode 16
03/12/2021
Leg­al valid­ity of dis­missals dur­ing short-time work cla­ri­fied!
CMS News­Mon­it­or Em­ploy­ment Law - Epis­ode 15
30/11/2021
ECJ: En­ti­tle­ment to hol­i­day com­pens­a­tion even in the event of uni­lat­er­al...
CMS News­Mon­it­or Em­ploy­ment & Pen­sions - Epis­ode 14
27/08/2021
AMS early warn­ing sys­tem – mu­tu­ally agreed ter­min­a­tions ef­fect­ive dur­ing...
News­Mon­it­or Em­ploy­ment Law - Epis­ode 10