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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).

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.

The Austrian National Council has passed a new legislation implementing the EU Directive on Transparent Working Conditions (Directive EU 2019/1152). The legislation is expected to come into force by the end of March 2024. The new law provides for changes to the minimum content of service notes and employment contracts, the right to multiple employment, and training costs.

“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.

Most European countries have already implemented the EU Whistleblower Directive into national laws. Now, companies across Europe are challenged to implement a whistleblowing system in their subsidiaries, that fully complies with the new national whistleblowing laws. Failure to do so may have highly negative implications for companies, their directors and their employees.