Industrial Relations & Restructuring
The experienced experts of ZEILER support employers in all matters of industrial relations. In addition to supporting management in restructurings and transfers of undertakings as well as associated staff reductions (drafting social compensation plans), this includes in particular representing employers in proceedings against trade unions and works councils as well as individual works council members.
Our highly skilled specialists support employers in strategic considerations regarding the relationship between management and trade unions or works councils. Our team also advises employers on drafting and amending shop agreements and collective bargaining agreements as well as on the implementation of national (as well as group and SE) works councils.
Advice in this area is not just a question of rigid application of the law – it is much more about recognizing which measures actually work in practice – and which do not. This is our experience and our approach.
RESTRUCTURING / DISMISSAL / TERMINATION
The Austrian legal system contains strict restructuring and termination and dismissal regulations that employers must comply with.
For example, employers are obliged to inform the relevant works council of any proposed changes to the company in a timely manner so that the works council may discuss them with the employer. Such changes include operational restrictions, the closure or relocation of the company, mass layoffs, mergers with other companies or changes to the business purpose or organization. The introduction of new processes or significant restructuring measures can also constitute notifiable changes.
When you intend to undertake such major changes, it is therefore important to have experienced legal advisors at your side to provide hands-on advice throughout the entire process.
Our team regularly assists employers throughout the full range of works constitution law, including the drafting and implementation of social plans in the course of restructuring measures.
INDUSTRIAL RELATIONS STRATEGIES
At ZEILER support companies in implementing effective works constitution strategies.
Our specialists support employers from many different sectors. Our advice is always tailored to the individual needs of our clients. We consider not only the composition of your teams, but also the relationship you have (and want to have) with your works council representatives and trade unions.
WORKS COUNCIL MEMBERS
In Austria, works council members and employees involved in the works council election process enjoy special protection against the termination of their employment relationship.
Therefore, neither ordinary nor extraordinary dismissal can be enforced unless (usually prior) approval has been obtained from a court.
We regularly assist companies in terminating employment relationships in such circumstances.
COLLECTIVE BARGAINING AGREEMENTS AND SHOP AGREEMENTS
A collective bargaining agreement is a written contract concluded between employer and employee associations in order to regulate (1) the working conditions and (2) the legal relationships between the parties to the collective agreement.
As a general rule, a collective bargaining agreement applies to all companies and all employees in one industry. A collective bargaining agreement contains mandatory provisions that have a direct effect on each individual employment contract within the scope of the collective agreement.
Shop agreements are agreements concluded between the works council (if there is one) and the employer. They must be in writing and may only regulate specific matters that are reserved for shop agreements either by law or by the applicable collective bargaining agreements. Some points, such as the introduction of disciplinary rules or certain control mechanisms, may only be implemented if a shop agreement is in place.
These provisions have a direct impact on the individual employment contract and co-exist in parallel.
At ZEILER we regularly advise employers on the Austrian Labor Constitution Act. This law contains the basic provisions of the collective employment law applicable in Austria, dealing with issues such as works councils and their members, shop agreements and collective agreements. It also contains important provisions on protection against termination.
In addition, we regularly support employers in the negotiation and conclusion of collective agreements and shop agreements (in particular social plans in connection with restructuring and flexitime or severance schemes).
NATIONAL WORKS COUNCILS, GROUP AND SE WORKS COUNCILS
The relationship between the employer and the works council is of the utmost importance.
A works council is entitled to monitor compliance with the law in relation to the company’s employees. For this purpose, the works council can inspect the company’s records on employee remuneration and other employee-related information and documents. A works council can request the employer – and also the competent bodies outside the company – to eliminate irregularities and implement the necessary measures.
Our experts offer employers more than just legal advice. We are dedicated and trusted advisors who work tirelessly and always with a strong strategic focus to achieve the best commercial outcomes for companies.
Assisting a leading Spanish producer of sanitary ceramics with a strong position in Switzerland and Austria in restructuring their Austrian entity. Advising the company on all employment matters, conducting negotiations with the trade unions and the works council on a social plan, preparation of notices of termination and planning of overall reduction in force
Advising a large garden center regarding all aspects in the context of the establishment of a works council; including the communication with the union
Ongoing employment and industrial relations law support of a multination Swedish business information company, including the amendment of the commission scheme and the establishment of an European Works Council
Advising a multinational logistics company regarding the shutdown of one of one of their business lines and the redundancy of all employees in this business line
Advising a Norwegian sporting goods retailer regarding the shutdown of its Austrian branches including the introduction of a social plan
Industrial Relations & Restructuring
The experienced experts of ZEILER support employers in all matters of industrial relations. In addition to supporting management in restructurings and transfers of undertakings as well as associated staff reductions (drafting social compensation plans), this includes in particular representing employers in proceedings against trade unions and works councils as well as individual works council members.
Our highly skilled specialists support employers in strategic considerations regarding the relationship between management and trade unions or works councils. Our team also advises employers on drafting and amending shop agreements and collective bargaining agreements as well as on the implementation of national (as well as group and SE) works councils.
Advice in this area is not just a question of rigid application of the law – it is much more about recognizing which measures actually work in practice – and which do not. This is our experience and our approach.
RESTRUCTURING / DISMISSAL / TERMINATION
The Austrian legal system contains strict restructuring and termination and dismissal regulations that employers must comply with.
For example, employers are obliged to inform the relevant works council of any proposed changes to the company in a timely manner so that the works council may discuss them with the employer. Such changes include operational restrictions, the closure or relocation of the company, mass layoffs, mergers with other companies or changes to the business purpose or organization. The introduction of new processes or significant restructuring measures can also constitute notifiable changes.
When you intend to undertake such major changes, it is therefore important to have experienced legal advisors at your side to provide hands-on advice throughout the entire process.
Our team regularly assists employers throughout the full range of works constitution law, including the drafting and implementation of social plans in the course of restructuring measures.
INDUSTRIAL RELATIONS STRATEGIES
At ZEILER support companies in implementing effective works constitution strategies.
Our specialists support employers from many different sectors. Our advice is always tailored to the individual needs of our clients. We consider not only the composition of your teams, but also the relationship you have (and want to have) with your works council representatives and trade unions.
WORKS COUNCIL MEMBERS
In Austria, works council members and employees involved in the works council election process enjoy special protection against the termination of their employment relationship.
Therefore, neither ordinary nor extraordinary dismissal can be enforced unless (usually prior) approval has been obtained from a court.
We regularly assist companies in terminating employment relationships in such circumstances.
COLLECTIVE BARGAINING AGREEMENTS AND SHOP AGREEMENTS
A collective bargaining agreement is a written contract concluded between employer and employee associations in order to regulate (1) the working conditions and (2) the legal relationships between the parties to the collective agreement.
As a general rule, a collective bargaining agreement applies to all companies and all employees in one industry. A collective bargaining agreement contains mandatory provisions that have a direct effect on each individual employment contract within the scope of the collective agreement.
Shop agreements are agreements concluded between the works council (if there is one) and the employer. They must be in writing and may only regulate specific matters that are reserved for shop agreements either by law or by the applicable collective bargaining agreements. Some points, such as the introduction of disciplinary rules or certain control mechanisms, may only be implemented if a shop agreement is in place.
These provisions have a direct impact on the individual employment contract and co-exist in parallel.
At ZEILER we regularly advise employers on the Austrian Labor Constitution Act. This law contains the basic provisions of the collective employment law applicable in Austria, dealing with issues such as works councils and their members, shop agreements and collective agreements. It also contains important provisions on protection against termination.
In addition, we regularly support employers in the negotiation and conclusion of collective agreements and shop agreements (in particular social plans in connection with restructuring and flexitime or severance schemes).
NATIONAL WORKS COUNCILS, GROUP AND SE WORKS COUNCILS
The relationship between the employer and the works council is of the utmost importance.
A works council is entitled to monitor compliance with the law in relation to the company’s employees. For this purpose, the works council can inspect the company’s records on employee remuneration and other employee-related information and documents. A works council can request the employer – and also the competent bodies outside the company – to eliminate irregularities and implement the necessary measures.
Our experts offer employers more than just legal advice. We are dedicated and trusted advisors who work tirelessly and always with a strong strategic focus to achieve the best commercial outcomes for companies.
Assisting a leading Spanish producer of sanitary ceramics with a strong position in Switzerland and Austria in restructuring their Austrian entity. Advising the company on all employment matters, conducting negotiations with the trade unions and the works council on a social plan, preparation of notices of termination and planning of overall reduction in force
Advising a large garden center regarding all aspects in the context of the establishment of a works council; including the communication with the union
Ongoing employment and industrial relations law support of a multination Swedish business information company, including the amendment of the commission scheme and the establishment of an European Works Council
Advising a multinational logistics company regarding the shutdown of one of one of their business lines and the redundancy of all employees in this business line
Advising a Norwegian sporting goods retailer regarding the shutdown of its Austrian branches including the introduction of a social plan
Industrial Relations & Restructuring
The experienced experts of ZEILER support employers in all matters of industrial relations. In addition to supporting management in restructurings and transfers of undertakings as well as associated staff reductions (drafting social compensation plans), this includes in particular representing employers in proceedings against trade unions and works councils as well as individual works council members.
Our highly skilled specialists support employers in strategic considerations regarding the relationship between management and trade unions or works councils. Our team also advises employers on drafting and amending shop agreements and collective bargaining agreements as well as on the implementation of national (as well as group and SE) works councils.
Advice in this area is not just a question of rigid application of the law – it is much more about recognizing which measures actually work in practice – and which do not. This is our experience and our approach.
RESTRUCTURING / DISMISSAL / TERMINATION
The Austrian legal system contains strict restructuring and termination and dismissal regulations that employers must comply with.
For example, employers are obliged to inform the relevant works council of any proposed changes to the company in a timely manner so that the works council may discuss them with the employer. Such changes include operational restrictions, the closure or relocation of the company, mass layoffs, mergers with other companies or changes to the business purpose or organization. The introduction of new processes or significant restructuring measures can also constitute notifiable changes.
When you intend to undertake such major changes, it is therefore important to have experienced legal advisors at your side to provide hands-on advice throughout the entire process.
Our team regularly assists employers throughout the full range of works constitution law, including the drafting and implementation of social plans in the course of restructuring measures.
INDUSTRIAL RELATIONS STRATEGIES
At ZEILER support companies in implementing effective works constitution strategies.
Our specialists support employers from many different sectors. Our advice is always tailored to the individual needs of our clients. We consider not only the composition of your teams, but also the relationship you have (and want to have) with your works council representatives and trade unions.
WORKS COUNCIL MEMBERS
In Austria, works council members and employees involved in the works council election process enjoy special protection against the termination of their employment relationship.
Therefore, neither ordinary nor extraordinary dismissal can be enforced unless (usually prior) approval has been obtained from a court.
We regularly assist companies in terminating employment relationships in such circumstances.
COLLECTIVE BARGAINING AGREEMENTS AND SHOP AGREEMENTS
A collective bargaining agreement is a written contract concluded between employer and employee associations in order to regulate (1) the working conditions and (2) the legal relationships between the parties to the collective agreement.
As a general rule, a collective bargaining agreement applies to all companies and all employees in one industry. A collective bargaining agreement contains mandatory provisions that have a direct effect on each individual employment contract within the scope of the collective agreement.
Shop agreements are agreements concluded between the works council (if there is one) and the employer. They must be in writing and may only regulate specific matters that are reserved for shop agreements either by law or by the applicable collective bargaining agreements. Some points, such as the introduction of disciplinary rules or certain control mechanisms, may only be implemented if a shop agreement is in place.
These provisions have a direct impact on the individual employment contract and co-exist in parallel.
At ZEILER we regularly advise employers on the Austrian Labor Constitution Act. This law contains the basic provisions of the collective employment law applicable in Austria, dealing with issues such as works councils and their members, shop agreements and collective agreements. It also contains important provisions on protection against termination.
In addition, we regularly support employers in the negotiation and conclusion of collective agreements and shop agreements (in particular social plans in connection with restructuring and flexitime or severance schemes).
NATIONAL WORKS COUNCILS, GROUP AND SE WORKS COUNCILS
The relationship between the employer and the works council is of the utmost importance.
A works council is entitled to monitor compliance with the law in relation to the company’s employees. For this purpose, the works council can inspect the company’s records on employee remuneration and other employee-related information and documents. A works council can request the employer – and also the competent bodies outside the company – to eliminate irregularities and implement the necessary measures.
Our experts offer employers more than just legal advice. We are dedicated and trusted advisors who work tirelessly and always with a strong strategic focus to achieve the best commercial outcomes for companies.
Assisting a leading Spanish producer of sanitary ceramics with a strong position in Switzerland and Austria in restructuring their Austrian entity. Advising the company on all employment matters, conducting negotiations with the trade unions and the works council on a social plan, preparation of notices of termination and planning of overall reduction in force
Advising a large garden center regarding all aspects in the context of the establishment of a works council; including the communication with the union
Ongoing employment and industrial relations law support of a multination Swedish business information company, including the amendment of the commission scheme and the establishment of an European Works Council
Advising a multinational logistics company regarding the shutdown of one of one of their business lines and the redundancy of all employees in this business line
Advising a Norwegian sporting goods retailer regarding the shutdown of its Austrian branches including the introduction of a social plan
