Arbeits- und Sozialrecht

Österreichisches Arbeitsrecht - Austrian labour law
Henry Goldmann, Andrea Komar, Josef Unterweger
2. Auflage
Wien, Linde Verlag, 1999
ISBN 3-85122-886-3

[Deutsche Beschreibung]     [English description]

The development of a uniform European Economic Area which has been rapidly progressing in the past decades, Austria's accession to the European Union, and the impending integration of the Eastern European countries into this process illustrate that it is imperative for a prospering economy to think in an international context and to look also beyond its own borders.

On account of its location and social peace, Austria has always been the focus of foreign investors. Its location at the interface of a European Economic Area that is growing together has even intensified this interest.

Beyond the borders of Europe, a process referred to as "globalization" has already characterized the international economy for quite some time. It is often ignored in this connection that the alleged disadvantages arising from pursuing economic activities on an international level beyond existing borders are likely to occur only if their effects on the working life are not alleviated by laws and protective rules. Thus, it is no coincidence that in particular the states on the verge of becoming developed industrial states are taking an ever greater interest in the labour law of Western states.

This book is still intended to provide practical guidelines for both the foreign investor and anyone interested in Austrian labour law. It shall allow the reader to gain an insight into the ideas and rules of this field of law. The book primarily focuses on describing the most important rule for the most professional groups and business an illustrating the situations most likely to give rise to problems. To make this book also comprehensible for those who are not members of the legal profession, we have largely refrained from indulging in theoretical considerations and quoting the relevant laws.


Creation of Employment Relationship
Contract of employment - distinction to similar forms of contracts
Contract of employment - duration, fixed term
Contract of employment - prerequisites for conclusion
Contract of employment - written statement of terms of employment

Duties Arising from the Contract of Employment
Employee's duties
Duty to act in good faith
Duty to work
Employer's duties
Duty of care
Duty to pay remuneration
Advance and loan
Attachment of earnings
Inventions by employees
Paid levae

Employee Protection Law
Health and safety legislation
Labour inspection

Working Hours
Part-time work
Other forms of working time
Making up for working time
Breaks and rest periods

Annual Leave
Leave entitlement
Holiday year
Length of annual leave
Agreement on leave - date of leave
Company shut-down days
Distribution of annual leave
Holiday records
Payment in lieu of leave
Holiday pay

Termination of Employment
Consensual termination
Premature termination
Resignation of employee - reasons
Resignation of employee - effects
Summary dismissal
Grounds for summary dismissal of salaried employees
Grounds for summary dismissal of blue-collar workers
Asserting grounds for dismissal
Payments in case of summary dismissal
Notice by the employer
Notice by the employee
Other forms of termination of employment
Transfer of business of parts of a business to another owner
Claims arising from termination of employment
Compensation for notice
Holiday compensation, pro rata holiday indemnification
Severance pay
Claims for damages by the employer

Specific Protective Provisions, Workers Enjoying Special Protection
Protection of children at work
Protection of young persons at work
Working hours for young persons
Obligation to provide training
Apprenticeship pay
Apprenticeship contract
Apprenticeship contract - grounds for termination
Post-apprenticeship employment
Sanctions for violations of statutory provisions
Women's night work
Maternity protection - maternity leave
Parental leave
Protection against termination and summary dismissal
Other protected employees
Members of the works council - members of the youth representative council
Employees doing military service or community service in lieu of military
Safety representatives
Disabled persons with special privileges
Protection against discrimination on the grounds of sex
Prohibited discrimination
Sexual harassment
Claims on the grounds of discrimination
Equal opportunities commission
Equal Opportunities Officer

Liability for Loss - Employees Liability Act
Loss inflicted on the employer
Employee inflicts loss on a third party
Time limits

Temporary Work
Employer's duties arising from temporary employment contract
Ineffective provisions - prohibitions

Employment of Foreign Nationals

Posting of Workers to Another State

Collective Labour Constitution (Collective Labour Law)

Relations between Workforce and Management (Works Constitution)
Works council
Rights of participation of the works council
General right to participate and to obtain information
Participation in social matters
Participation in personnel matters
Recruitment and relocation of employees
Imposition of disciplinary measures
Termination and dismissal of employees
Participation in concluding works agreements
Participation in alterations of the company
Participation in economic matters
Works council assembly - central works council - group representative body
European Works Council

Labour Courts
Collective action

Conciliation Boards

Procedure of Labour Administration

Sources of Bibliography
Collection of Laws

Anwaltskanzlei Unterweger, Buchfeldgasse 19a, A-1080 Wien,