Posts tagged #collective agreement
All PostsNew Regulations on Notice Periods and Exceptions
Labour LawAs of 1 July 2025, new rules for deviations from statutory notice periods under collective agreements are being enforced retroactively, along with several transitional provisions. Exemption Clause in Collective Agreements Clarified On 1 October 2021,...
Austrian OGH Decisions Regarding Compensation for Bus Drivers' Break Periods
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that breaks bus drivers are required to take because of timetables do not count as paid working time under Section 2(1)(1) of the Austrian Working Time Act (Arbeitszeitgeset...
Austrian OGH: Applicability of SWÖ Collective Agreements
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the collective agreement of Sozialwirtschaft Österreich (hereinafter SWÖ-KV, which represents the interests of Austrian private social and health sector member organisations) d...
OGH on Notice Periods in Hospitality
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has decided whether employees invoking the statutory notice period must prove the ineffectiveness of the shorter collective agreement notice period, or whether employers invoking the ...
OGH on Limitation Periods under Collective Agreements
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the limitation periods under collective agreements also apply to the statutory right to the transmission of work records under Section 26(8) of the Austrian Working...
OGH: Is It a Business Trip?
Labour LawA per diem allowance is a lump sum payment intended to cover the financial expenses incurred by employees as a result of having to spend the day away from home. The plaintiff was employed by the defendant as a fitter. On Mondays, the plaintiff worked...
OGH: Is Section 1159 ABGB Unconstitutional?
Constitutional LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has asked the Austrian Constitutional Court (Verfassungsgerichshof, VfGH) to declare unconstitutional the new termination provisions of Section 1159(1) to (4) of the Austrian Civil Co...
Phased Return, Full Extra Benefits
Labour LawA phased return to work after absence under Section 13a of the Austrian Act on the Adaptation of the Law on Employment Contracts (Arbeitsvertragsrechts-Anpassungsgesetz, AVRAG) is not considered to be a partial sick leave, but instead means that the ...
ECJ: Can Temp Workers Be Paid Less?
Labour LawThe European Court of Justice (ECJ) has ruled that temporary agency workers can only be paid less than permanent employees if any such unequal treatment is compensated for by means of a collective agreement. This is intended to ensure the overall pro...
New EU Directive for Adequate Minimum Wages
European LawThe European Union is striving to improve working and living conditions for workers by creating a framework to ensure adequate minimum wages in the future without establishing a standard European minimum wage. In June 2022, the European Parliament an...
OGH: Hotel and gastronomy industry not a "seasonal industry”
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that the hotel and gastronomy industry is not an "industry in which seasonal businesses predominate" as defined in Section 1159 para 2 of the Austrian General Civil Code (Allgemeines Bü...
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