Posts tagged #sick leave
All PostsOGH: 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...
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: 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...
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 ...
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...
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 Rules on Health Insurance Terms
Civil LawThe validity test pursuant to Section 864a of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) states that objectively unusual and surprising clauses in GTCs do not become part of a contract. What matters is whether the...
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...
COVID-19: Holiday leave and continued remuneration (sick pay)
If Austria is chosen as the holiday destination, the official segregation due to illness or the suspicion of infection with COVID-19 constitutes a justified inability to work. According to the rules of the Epidemic Act (Epidemiegesetzes, EpiG), the e...
OGH: Further payment of wages after change to employment relationship
The Supreme Court (Oberster Gerichtshof, OGH) handled the question of whether, when a worker changes to a salaried employment relationship, the previous periods of service with the same employer are to be taken into account for the entitlement period...
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