Up until now, there was a high risk that if a foreign company sent workers to Austria, this was assessed as hiring-out, which usually resulted in challenging situations and caused serious trouble. A decision from the European Court now led to a change in the jurisdiction of the Austrian Supreme Administrative Court in regards to cross-border hiring-out of workers.
Up until now, the rights of blue-collar and white-collar employees have varied in certain aspects. In the following years some of these differences will be approximated.
Changes in the law of the employment of foreigners: A residence permit was introduced for intra-corporate transferees (third country nationals) as well as mobile intra-corporate transferees from other EU member states as well as their relatives.
Currently, Austrian employment law provides specific protection against dismissal to older employees aged 50 or over at the date of commencement of employment and who remain in employment for at least 2 years. This special protection will not apply for new employment relationships beginning on the 1st of July 2017.
A recent ruling of the Austrian High Court held that, even after a dismissal of a works council member, the employee representative must not be barred from his works council’s activities during an ongoing court case regarding the court approval of such a dismissal.
On July 1, 2017, a new right to part time re-integration for employees returning to work after a long-term sickness will be introduced.
According to a recent decision by the Austrian High Court, employers must be careful when they want to avoid an immediate dismissal by concluding a mutual termination agreement. The threat of an immediate dismissal can put the employee under unlawful pressure, because the employer might not yet know if the grounds for dismissal are valid.
Essentially, the authorities will gain the power of more control mechanisms and further measures to fight against wage and social dumping.
According to a recent decision by the Austrian High Court, employers must be careful when they want to avoid an immediate dismissal by concluding a mutual termination agreement. In this particular case the threat of an immediate dismissal put the employee under unlawful pressure, because the employer did not yet know, if the grounds for dismissal were valid.
Parents who have been employed for 3 years or more have the right to request to work part time for the purpose of child care. In a recent decision, the Austrian High Court held that such a protection from dismissal arises regardless of whether the employer or employee are aware of the legal option to agree on parental part time. A parental part time arrangement, with all its consequences, comes into existence as long as the employer could have recognised that the reduction of the working time enables the parent to take care of his/her child and is still able to continue his/her work. Therefore, employers must always be careful regarding a request for part time by employees.