Posts tagged #employee
All PostsECJ: Applicable Law After Workplace Relocation
European LawThe European Court of Justice (ECJ) has examined which country’s labour laws should apply when an employee relocates to a different nation under their current employment contract. In the case at hand, a Luxembourg transport firm had employed a French...
OGH: When May a Termination Be Declared?
Labour LawThe condition of being unworthy of trust within the meaning of Section 27(1)(3) of the Austrian Employee Act (Angestelltengesetz, hereinafter AngG) is met if an employee’s behaviour has shaken the employer’s trust to such an extent that the employer ...
OGH: Time Credits Are not Insolvency Claims
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that work time credited to an employee does not constitute an insolvency claim and therefore cannot be reduced by a restructuring plan. The plaintiff had been employed b...
OGH: News on Holiday Leave Limitation
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that holiday leave cannot be time-barred if employers do not fulfil their duty to notify and urge employees to take their leave. The plaintiff had been employed by the d...
OGH: On the reference value of a job-related invention
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the remuneration for a job-related invention to be discussed in the course of a step-by-step action. The plaintiff was an employee of the defendant or its legal pred...
COVID-19: The current home office regulations
Arbeitsrecht ZivilrechtAs the pandemic continues to dominate our everyday (work) life, home office is an important part of many employees' and employers' lives. Therefore, it is important to get an overview of the labour law provisions of the current home office framework....
OGH: Social plan and waiver of avoidance
According to a decision of the Supreme Court, the payment of a voluntary settlement by a social plan may be made dependent on the employee’s or the works council’s refraining from challenging the termination in court. In the present case, a works agr...
Action of a former employee against manager is a labor law case
Labour LawThe Higher Regional Court (Oberlandesgericht, OLG) of Vienna had to assess whether the lawsuit of a former employee against the managing director due to his statements damaging to her reputation belonged before the Labor and Social Court (Arbeits- un...