legally optimized contracts with employees and freelancers are the foundation of your company, which should be solid. We advise employers and executives. For example with regard to contracts, working time models, downsizing and termination, judicial and extrajudicial representation in disputes arising from the employment relationship, and negotiation of works agreements and collective agreements, transfer of business.
Employment contracts fulfil specific minimum content requirements and also comply with the applicable collective bargaining agreement.
Tip: Dedicate salary components above the applicable collective tariff as a lump sum compensation for overtime and other additional services or as an anticipation of future salary increases according to the tariff scheme. And another tip: freelance contracts for works or services may be an alternative to the employment contract, outsourcing to freelancers can minimize typical employer risks for SMEs.
Profit participation schemes motivate employees and can make a valuable contribution to the company’s success. Calculation errors however may jeopardize the value and the profitability of the company. Types of participation schemes: Commission agreement, bonus agreements, employee share and stock option programs. The challenge in all of them: To design an appropriate calculation model, legally compliant and tax-optimized.
Note: According to the case law of the Austrian Supreme Court (OGH), commissions must be achievable. Employees with commission salary components are entitled to a clear and concise accounting excerpt with all the essential information about earned commissions. And: The employee is also entitled to commissions for mediated transactions that arise after termination of the employment relationship.
“Nine to Five”: Easy to agree on, but rarely suitable. On the other hand, work on request and on-call work models are subject to considerable legal restrictions. But the law leaves scope for optimized personnel deployment planning: bandwidth model, flexitime, temporary worker employment – together we can find out which model suits your company.
Does your company have a works council? If so, you will need company agreements for numerous HR measures – such as the introduction of flexitime, performance tracking or surveillance of business premises. Company agreements are important contracts for your company, we represent and accompany you in negotiations with the works council and translate the results of the negotiations into legally sound company agreements.
As with any ending relationship, the amicable resolution of a working relationship is the ideal case, but not always feasible. Unilateral termination of employment contracts requires observation of deadlines, a mistake can significantly extend the payment obligations of the employer. In companies with five or more employees, a termination by the employer may be challenged by alleging “social considerations” or a “proscribed termination motive”. Tip: Take advantage of our termination quick check for employers before canceling.
Employers are confronted with court proceedings time and again: dismissal challenges and disputes over termination claims (leave compensation, overtime, aliquot special payments, etc.) are perennial favorites at the labor and social courts. In judicial labor disputes we charge for our services on the basis of the statutory Austrian attorneys’ tariff (Einheitssatzsystem) – Your advantage: As the prevailing party you will be entitled to full reimbursement of our fees by your opponent. You can gather a rough overview of the costs of a judicial labor dispute through the Costs of litigation calculator of the DAS legal costs insurance.