ENGELBRECHT Rechtsanwalts GmbH
Annagasse 3, A-1010 Wien
© 2026 Engelbrecht Arbeitsrecht
that public service law differs from (private) employment law by numerous special features, which not only result from the historical status of civil servants and contract employees characterized by special responsibilities, but also have differences specific to federal states. We have been able to develop expertise in this broad field based on many years of diverse experience.
We advise and represent not only local authorities, but also state-related companies and institutions, be they public bodies or legal entities operating in private law forms (e.g. limited liability companies - GmbH). In doing so, we are used to answering specific questions about special legal provisions or (often referred to as so-called contract templates) service and pension regulations in a clear and legally secure manner and to provide recommendations that can be implemented in practice.
A particular focus of activity is spin-off and privatization legal issues relating to public undertakings. In doing so, we support the outsourcing process as such by providing our expertise in an advisory capacity, including drafting drafts of legislation or municipal council resolutions.
In addition, we are still available to the outsourced companies in all specific service law issues that arise. These are extremely diverse due to the balance between public and private service law, e.g. interpretation of the special law underlying a spin-off (Outsourcing Act), issues of personnel reconciliation (legal custody clauses, juxtaposition of public and private service law, etc.), personnel representation law and in connection with service regulations and pay arrangements (sometimes their continuation after the outsourcing and options for change, including with regard to operational exercises).
Public service law differs from private employment law due to numerous specific features stemming from the historically evolved legal status of civil servants and contract employees, as well as variations between individual federal states. We have built up extensive expertise in this field through many years of diverse experience.
Spinning off public institutions into private legal entities, such as limited liability companies (GmbHs), triggers a multitude of complex employment law issues. Beyond the transfer of personnel and the question of whether legal protection clauses remain in effect, the coexistence of public and private employment law must be managed. We support the entire spin-off process and remain available to the newly formed companies for any specialized questions that may arise thereafter.
Following a spin-off, the question often arises as to whether and to what extent existing service regulations and remuneration schemes remain in effect, and whether or how changes can be implemented—including with regard to established workplace practices. In this context, both the specific legislation governing the spin-off (Spin-off Act) and the law on staff representation must be taken into account.
In the area of outsourcing and privatizing public enterprises, we also provide advisory expertise for the preparation of draft legislation or municipal council resolutions.