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Dr. Philipp Maier

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Philipp Maier is partner and head of the Baker McKenzie Employment Law Practice Group in Vienna. He joined Baker McKenzie Austria in 2009 as associate of the employment law practice group. Prior to that Philipp worked for several years in the employment law department of Freshfields Bruckhaus Deringer and in the litigation department of Wolf Theiss Rechtsanwälte. He also completed an internship at Aichelin Heat Treatment Systems (Detroit, USA).

Does your company not want to default on the implementation of the EU Whistleblowing Directive? Then do not wait any longer to start planning your organization’s whistleblowing regime. We have prepared a multijurisdictional analysis matrix covering five key areas with respect to whistleblowing laws in the form of a questionnaire. The questionnaire covers questions about the directive’s scope and implementation requirements for internal procedures, protection of whistleblowers and data privacy issues.

Against the background of the EU Posting Workers Directive and the ECJ case law, the Wage and Social Dumping Prevention Act (“Lohn- und Sozialdumping-Bekämpfungsgesetz”, “LSD-BG”) has been amended effective as of 1 September 2021. In summary, the scope of the Wage and Social Dumping Prevention Act was limited and the provisions regarding administrative penalties were mitigated. However, provisions for long-term postings are now stricter.

Reasons for a clear and definitive YES to COVID-19 vaccinations

Mandatory vaccination is not to be expected. Nevertheless, employers and employees can greatly benefit from COVID-19 vaccinations. This is true from a health, economic and legal perspective. Companies which recognize these benefits (early on) will have a significant competitive advantage.

Currently, an increasing number of companies is confronted with considerable claims for re-payment of subsidies granted by the LMS for phase I of the Corona short-time work model. The approach of the LMS makes the impression that it intends to take advantage of self-caused legal uncertainties to the clear disadvantage of these companies. Thus, companies should refrain from making premature re-payments.