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Simone Liebmann-Slatin

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Mag. Simone Liebmann-Slatin, MSc. joined Baker McKenzie as a partner in 2003. Since 2011, Ms. Liebmann-Slatin is a senior counsel in the Vienna office and is a member of the employment law practice group. She regularly delivers presentations on issues related to employment law in Austria, and is an active contributor to various publications, webinars and workshops.

By ensuring that working time is recorded correctly, employers can avoid significant penalties. Employees are better protected from being overworked and the potentially resulting negative (health) consequences. Correct working time records also contribute to efficient working conditions and enhance mutual trust between employees and employers. The obligations for employers and the benefits that full legal compliance can bring are outlined below.

The Pay Transparency Directive (EU 2023/970) has been in force for exactly one year, since 6 June 2023. Its aim is to reduce the gender pay gap through new regulations on pay transparency. The EU member states have until June 2026 to implement the directive. The Austrian legislature has not taken any action yet. However, employers should start preparing for the effects now. The new rules require HR processes and the remuneration system to be adapted, for which sufficient preparation time must be planned.

Artificial intelligence (AI) systems can help improve work processes, yet they also carry the risks of liability, penalties, and reputational damage. Companies deploying AI must understand their responsibilities and obligations under the current regulatory frameworks within the EU and the anticipated requirements of the EU AI Act. Particularly for the HR department, it is prudent for HR managers to implement the following basic principles regarding AI.

Artificial intelligence (AI) systems facilitate work, but harbor risks of liability, penalties, and reputational damage. If companies use AI, they are subject to a number of obligations; this is particularly true for the HR department. Thus, we recommend that HR managers insist on implementing the following basic principles when it comes to AI.

Email is the central means of communication in business organizations. Mailboxes are a valuable source of information, particularly in the event of termination of employment relationships or suspected breaches of duty. However, access to emails is restricted and requires careful consideration of the interests of both employer and employee on a case-by-case basis.

“All information about employees!” In practice, this is what works councils often request from employers. Works councils have a legitimate interest in being involved in HR developments. However, personal employee data is usually a taboo for the works council. Sharing more information than necessary with the works council may result in severe consequences for companies.

On 20 July 2023, the Austrian National Council passed a significant increase in penalties for the violation of business and trade secrets. This was necessary due to a significant increase in secrecy violations.
Business and trade secrets are information of high commercial value. Therefore, business and trade secrets are usually protected by comprehensive confidentiality agreements.