Austria: Prior Employment and Salary Classification

May 7, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently determined that an employee cannot retroactively receive credit for additional periods of work if adequate notice of these periods was not provided, despite proper notification. Furthermore, the OGH has now specified that any legislative changes related to pay grading enacted subsequently must be duly considered.

Recognition of previous jobs

The main issue was whether the claimant should receive credit for an additional eleven months of equivalent experience on top of ten years of relevant professional experience. The OGH determined that this was not required.

While these periods could potentially have qualified for credit, the claimant did not provide adequate detail to support their inclusion. Despite being instructed to do so, she only stated ‘DGKP’ without describing her specific role in more detail. Consequently, the employer was not permitted to take these periods into account.

Employers are not required to investigate

The OGH has stated that it is the employee’s responsibility to furnish comprehensive information regarding previous periods of service. Employers are not required to independently investigate or resolve any ambiguities in such information. Providing appropriate guidance is considered adequate.

Pursuant to Section 7 of the Wiener Bedienstetengesetz (W-BedG, Vienna Public Service Act), prior periods of service must be reported within designated timeframes. If these periods are not fully declared within the prescribed deadlines, they will be excluded from future recognition.

Amendment in the legal framework concerning reclassification  

Nevertheless, an intervening change in legislation was instrumental in determining the outcome. According to the revised provisions, employees may not be disadvantaged as a result of demotion and subsequent reclassification. Consequently, the claimant should have received a higher pay grade following reclassification.

Since the exact salary amounts disbursed were not verified, the OGH was unable to issue a definitive ruling. The court of first instance is now required to ascertain the actual payments and reevaluate the claims based on the updated legal context.

The OGH has affirmed that recognition of previous work is contingent upon complete and timely notification. Furthermore, the prevailing legal framework must be consistently applied to salary issues, regardless of any changes arising during legal proceedings.

OGH 9 ObA 56/25p (18 March 2026)