Posts tagged #Labour Law
All PostsOGH on Reimbursement of Training Expenses
Labour LawIn the context of a labour law dispute, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently upheld the validity of repayment agreements for pre-financed training. The claimant in the case at hand had requested EUR 56,666.5...
Accidents During Return Home Not Covered by Insurance
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has delivered a decision about when insurance coverage begins after leaving one’s place of work. Plaintiff sought recognition of the accident as an occupational injury The plaintiff i...
Salary Arrangement for Parental Part-Time Employment
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision regarding the calculation of all-in salaries when employment contracts do not specify the allocation for overtime and additional hours during parental p...
Invalid Termination – Employment Continues
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on the termination of the employment contract of a plaintiff who was a beneficiary of the Austrian Disability Employment Act (Behinderteneinstellungsgesetz, hereina...
Austrian Disability Pension: Rigorous Criteria Governing Hardship Provisions
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the criteria governing the application of hardship provisions to disability pensions. In particular, the court addressed the issue of whether brief periods of employment cons...
New 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,...
OGH: No Injury Compensation after Construction Site Accident
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a decision regarding compensation for physical impairment under Section 213a of the Austrian General Social Security Act (Allgemeines Sozialversicherungsgesetz, hereinafter...
Austria: OGH on Labour Law and Unjust Enrichment
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that the higher statutory interest rate outlined in Section 49a of the Austrian Labour and Social Court Act (Arbeits- und Sozialgerichtsgesetz, hereinafter ASGG) also co...
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: Sick Leave for Disabled Employees Requires Individual Assessment
Labour LawAustrian OGH: Sick Leave for Disabled Employees Requires Individual Assessment The plaintiff in the present case had been employed by the defendant, the City of Vienna, as a certified medical technician beginning in 1993. In 2000, the plaintiff was c...
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...
Virtual Share Options and Employees’ Rights
Labour LawVirtual employee share options are a common component of contemporary remuneration structures, particularly in new companies. This brings up a labour law question regarding whether these options can be forfeited if an employee resigns voluntarily. Th...
Classification as Corporate or Employee Recreational Institution
Labour LawThe issue before the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) concerns the establishment of criteria for recognizing an entity as a company welfare institution. In the case at hand, the plaintiff (the company representative) sou...
Collective Dismissal Protection Applies Only to Domestic Companies
Labour LawA recent ruling by the Austrian Supreme Court (Oberster Gerichtshof, OGH) has provided clarification that, in cross-border job arrangements, collective dismissal protections require the presence of a business establishment in Austria. Foreign employm...
TOIL Agreements: Austrian OGH Limits Employees Rights to Withdraw
Labour LawA works council brought an action against a hospital with the aim of establishing that employees may withdraw from the time-off-in-lieu (TOIL) agreement in the event of illness. The employer argued that time off in lieu merely represents a redistribu...
Austrian OGH: Pastoral Assistant Can be Fired after Reporting a Crime
Labour LawChurches and religious societies are also subject to the general laws of the state. However, the provisions of Part II of the Labour Constitution Act (ArbVG) do not apply to companies that serve the denominational purposes of a legally recognized chu...
GER: Can Cryptocurrency Be Used as Form of Remuneration?
Labour LawThe issue of remuneration agreements in the context of cryptocurrency was recently addressed by the German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG). The court was tasked with determining whether a claim for commission stipulated w...
OGH: Part-Time Reintegration v. Continued Employment
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that an agreement to return to work on a part-time basis does not automatically constitute a continuing employment relationship as defined by Section 24(9) of the Austrian C...
German BAG Rules on Payslip Format
Labour LawMay payslips be made available to employees only digitally or must they be snail-mailed as well? The German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG) recently had to address this issue. In the case at hand, the plaintiff works as a...
Austrian OGH on Dismissing Employees Unfit for Work
Labour LawPursuant to Section 42(2)(2) of the WrVBO 1995 (Wiener Vertragsbedienstetenordnung, Rules for contract staff in Vienna) an employer is entitled to dismiss an employee if the employee is unfit for work for health reasons. This is particularly the case...
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 Rules on Forfeited Holiday Leave
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether the forfeiture of holiday leave due to incapacity for work due to illness is limited. In the case at hand, the plaintiff had been employed by the ...
OGH on Legality of ‘Chain Employment’ Contracts
Labour LawFixed-term employment relationships (so-called chain employment contracts) are only lawful if the succession of individual employment contracts concluded for a fixed period of time is justified for individual cases by special social or economic reaso...
OGH: Covid Bonus for Temp Agency Workers
Labour LawThe EU’s Temporary Agency Work Directive came into force on 5 December 2008, establishing the principle of equal treatment between temporary agency workers and employees of user companies. According to Art. 5(1) of the Directive, the basic working co...
OGH: Continuation of Pay after Termination
Labour LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), if an employee is ill when they leave the company, the employee retains their full entitlement to the unused portion of the continued salary paid in the current year. In...
OGH on Bus Drivers’ Night Pay
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that bus drivers have a right to a night work bonus even if their night work is less than one hour. The plaintiff was in employment with the defendant as a bus driver for 20...
OGH: Signature Required for Training Reimbursement Agreement
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has explicitly clarified that an agreement to reimburse training costs according to Section 2d of the Austrian Employment Contract Law Amendment Act (Arbeitsvertragsrechts-Anpassungsg...
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 ...
New Austrian Teleworking Act Underway
Labour LawA new teleworking law has been initiated and a draft submitted for review by the Austrian Federal Ministry of Labour and Economics. Among other things, it will amend the Employment Contract Amendment Act (Arbeitsvertragsrechts-Anpassungsgesetz, herei...
OGH: Sexual Harassment Justifies Immediate Dismissal
Labour LawAn employee can be dismissed without prior warning if they engage in verbal sexual harassment, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled. The plaintiff is a disabled person within the scope of the Austrian Disabled ...
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: Deductions for Working too Fast?
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has provided the following clarification: Employers are liable for lost working time caused by an employee working too fast if the employee’s working time is contractually limited to ...
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 ...
Supreme Court on Terminating Caretaker Contracts
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with terminating a caretaker contract, ruling that landlords can only terminate such contracts for serious reasons if the caretaker is entitled to employee housing. The plaintif...
OGH on Limitation Periods for Dismissal Compensation
Labour LawAccording to Section 34(1) of the Austrian Salaried Employees Act (Angestelltengesetz, hereinafter AngG), claims for compensation for premature dismissal must be asserted in court within six months. Otherwise, they are void. The plaintiff had been in...
OGH on Remote-Work Expense Reimbursements
Labour LawAs a matter of principle, the provision of equipment for the performance of work is the responsibility of the employer. If employees provide the equipment themselves, they have a claim against the employer for reimbursement of expenses under Section ...
Does Attending a Party on Sick Leave Justify Dismissal?
Labour LawIn the event of illness and subsequent incapacity for work, employees must conduct themselves in such a way as to ensure that their ability to do their job is restored as quickly as possible. Conduct that may adversely affect the course of the illnes...
OGH on Remuneration Set-Offs
Labour LawIn Austria, employees are entitled to a remuneration even if they are released from work. However, remunerations earned elsewhere must be set off against the original entitlement to remuneration. The offsetting rule of Section 1155 of the Austrian Ci...
OGH: Failure to Properly Record Working Hours: Grounds for Dismissal
Labour LawIt is not just an administrative offence to record working hours untruthfully. It is also a serious breach of trust and can be grounds for dismissal. When the coronavirus pandemic began, the defendant employer asked employees to work from home on Fri...
Disability or Illness? OGH Explains the Difference
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the difference between illness and disability. Illness is not in itself a ground for discrimination. The plaintiff was employed by the defendant as a delivery driver. Du...
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: Transfer Protection for Remote Workers
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recognised that a worsening of the transfer situation within the meaning of Section 101 of the Austrian Labour Constitution Act (Arbeitsverfassungsgesetz, ArbVG) can occur even if...
OGH: Training Costs Cannot Be Passed on to Trainee
Labour LawAn agreement to pass on training costs to the trainee is inadmissible both in apprenticeships as well as in training relationships. It makes no difference whether such an agreement is made at the beginning or only during a training relationship. The ...
GER: When Are Private Chats Confidential?
Labour LawStrongly insulting, racist, or sexist remarks made by an employee to their superior or other fellow employees in a private chat group can be grounds for dismissing the employee without notice. It is only in exceptional cases that an employee can rely...
GER: BAG - Minimum-Wage Liability of GmbH Managers
Labour LawAccording to the German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG), managing directors are not liable if an employee is not paid their statutory minimum wage. The penalty provisions of the German Minimum Wage Act (Mindestlohngesetz,...
ECJ on Notifications ahead of Mass Dismissals
Labour LawThe European Court of Justice (ECJ) has ruled that failing to send a copy of a written notification to the competent authority (in this case, the German employment agency, Agentur für Arbeit) that collective redundancies are imminent does not constit...
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 Wages after Termination by Mutual Consent
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that it is an employee’s objective inability to work, not the date on which a doctor’s certificate of sickness is issued, that is relevant to continued payment of salary. Fo...
GER: No Equal Pay – Temporary Workers May Get Paid Less
Labour LawIn principle, it is possible to pay temporary workers less than permanent employees. However, such a measure must be compensated for, according to the German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG). Collective agreements may depa...
GER: Works Council Chairs Can’t Double as Data Protection Officers
Labour LawThe position of works council chairperson precludes additionally performing the duties of data protection officer. For this reason, employers are permitted to revoke the appointment of data protection officers, according to the German Federal Labour ...
OGH: Can Party Membership Cause Discrimination?
Labour LawFor the very first time, the Austrian Supreme Court (Oberster Gerichtshof) has ruled on whether membership in a political party can constitute discrimination based on personal worldview. In the original case, the plaintiff had applied for the positio...
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...
OGH: Employment-like Status for Brokerage Agents
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has again reiterated case law on the employee-like nature of self-employed agents. The defendant had concluded a business partner agreement with the original plaintiff, who sells insurance and fi...
GER: Is Electronic Time Recording on the Way?
Labour LawThe German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG) has made it clear that working hours must be documented. This will spell upheaval for many companies in Germany. In the case at hand, the petitioning works council and the employ...
OGH: ‘All-in’ Contracts and Part-Time Parental Leave
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified how to deal with ‘all-in’1 contracts during parental part-time work. In the original case, the plaintiff had been employed by the defendant as a ‘senior director’ according to the c...
ECJ Strengthens Right to Paid Annual Leave
Labour LawThe European Court of Justice (ECJ) is boosting the rights of employees with regard to the expiry of employee leave entitlement. If an annual leave entitlement is acquired during a year in which work is carried out before an employee’s continuous inc...
OGH: No Dismissal for One-Time Negligence
Labour LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with dismissal under Section 27 (1), last case, of the Salaried Employees Act (Angestelltengesetz, AngG) after an incorrect administration of adrenaline. The plaintiff ...
OGH on Dismissals after Warning
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has made it clear that a dismissal is still in due time if the human resources department issues the dismissal only after the end of a night shift. In the original case, the plaintiff was employe...
Austrian Supreme Court: No Business License, No Competition
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that a violation of Section 7 of the Salaried Employees Act (Angestelltengesetz, AngG) can occur even if an employer does not have a license for the business line in question. The plain...
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...
AschG amendment to allow occupational medical assistance
Labour LawThe Federal Ministry of Labour (Bundesministerium für Arbeit, BMA) has submitted a draft amendment to the Occupational Safety and Health Act (ArbeitnehmerInnenschutzgesetz, ASchG) for assessment. This is intended to counter the Austria-wide shortage ...
OGH: No individual protection against dismissal during short-time work
Civil Law Labour LawThe Supreme Court (Oberster Gerichtshof, OGH) confirms: Due to individual social partner agreements on short-time work, no individual protection against dismissal of an employee is stipulated. In the case at hand, the OGH dealt with an individual soc...
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...
Draft for the Home Office Act 2021
Civil Law Labour LawFrom 15.2.2021-19.2.2021, the planned Home Office Act (Homeoffice-Gesetz) was open for consultation. Objectives in the area of tax law: Creation of the possibility of non-taxable benefits by the employer for expenses in the area of home office: As pa...
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