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Austria: Contract of Service or hiring-out of workers? Austrian Supreme Administrative Court changed its jurisdiction in cross-border labour cases

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.

Austria: Mutual Termination: unlawful pressure due to the threat of unchecked grounds for immediate dismissal

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.

Austrian High Court ruling on Part Time Arrangements for Parents

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.