Employment Termination in Austria

Lawful Grounds for Dismissal

In Austria, employment termination is governed by strict regulations to protect both employers and employees. The following are considered lawful grounds for dismissal:

With Notice

• Economic reasons (e.g., company restructuring or downsizing)
• Poor performance or inability to perform job duties
• Long-term illness (exceeding the legally protected period)
• Behavioral issues that impact the workplace

Without Notice (Immediate Dismissal)

• Serious misconduct (e.g., theft, violence, or gross insubordination)
• Breach of trust
• Criminal activities related to employment

Notice Requirements

Austrian law mandates specific notice periods based on the length of employment:

• During probationary period: 14 days
• Up to 2 years of service: 6 weeks
• 2-5 years of service: 2 months
• 5-15 years of service: 3 months
• 15-25 years of service: 4 months
• 25+ years of service: 5 months

Employers must provide written notice of termination. The notice period typically starts on the 15th or last day of the calendar month, unless otherwise specified in the employment contract or collective agreement.

Severance Pay

Austria has two systems for severance pay, depending on when the employment relationship began:

Old Severance Pay System (before 2003)

• Applies to employment relationships that started before January 1, 2003
• Severance pay is based on length of service:
  • 3-5 years: 2 months' salary
  • 5-10 years: 3 months' salary
  • 10-15 years: 4 months' salary
  • 15-20 years: 6 months' salary
  • 20-25 years: 9 months' salary
  • 25+ years: 12 months' salary

New Severance Pay System (after 2003)

• Applies to employment relationships that started on or after January 1, 2003
• Employers contribute 1.53% of the employee's monthly salary to a severance pay fund
• Upon termination, employees can choose to:
  • Withdraw the accumulated amount
  • Transfer it to a new employer's fund
  • Leave it invested for future pension benefits

Special Protections

Certain employee groups enjoy additional protection against dismissal:

• Pregnant women and employees on maternity/paternity leave
• Works council members
• Disabled employees
• Employees performing military or civil service

Terminating these protected employees requires prior approval from the labor court or other relevant authorities.

Wrongful Dismissal

If an employee believes they have been wrongfully dismissed, they can challenge the termination in labor court within 14 days of receiving the notice. The court may order reinstatement or compensation if the dismissal is found to be unjustified.

Collective Redundancies

For mass layoffs, additional regulations apply:

• Employers must notify the Austrian Public Employment Service (AMS) at least 30 days before the first termination
• Consultation with the works council is mandatory
• A social plan may be required to mitigate the impact on affected employees

Understanding these regulations is crucial for both employers and employees in Austria to ensure compliance with labor laws and protect their respective rights during the termination process.

Anti-Discrimination Laws in Austria

Overview

Austria has comprehensive anti-discrimination legislation in place to protect individuals from unfair treatment in various aspects of life, including employment. The primary laws addressing discrimination are the Equal Treatment Act (Gleichbehandlungsgesetz) and the Federal Equal Treatment Act (Bundes-Gleichbehandlungsgesetz).

Protected Characteristics

The Austrian anti-discrimination laws protect individuals based on the following characteristics:

• Gender
• Ethnic origin
• Religion or belief
• Age
• Sexual orientation
• Disability

Types of Discrimination

Austrian law recognizes and prohibits several forms of discrimination:

1. Direct discrimination
2. Indirect discrimination
3. Harassment
4. Sexual harassment
5. Instruction to discriminate

Scope of Protection

Anti-discrimination laws in Austria cover various areas, including:

• Employment and occupation
• Education
• Access to goods and services
• Social protection and social advantages

Employer Responsibilities

Prevention and Awareness

Employers in Austria are required to:

• Implement measures to prevent discrimination in the workplace
• Provide training and information to employees about anti-discrimination policies
• Display the text of the Equal Treatment Act in a visible location within the company

Equal Treatment in Employment

Employers must ensure equal treatment in:

• Recruitment and hiring processes
• Working conditions and remuneration
• Access to vocational training and promotion
• Termination of employment

Reasonable Accommodation

Employers are obligated to provide reasonable accommodation for employees with disabilities, unless doing so would impose a disproportionate burden on the employer.

Redress Mechanisms

Complaint Procedures

Individuals who believe they have been discriminated against can:

1. File a complaint with the Equal Treatment Commission (Gleichbehandlungskommission)
2. Seek assistance from the Ombud for Equal Treatment (Gleichbehandlungsanwaltschaft)
3. File a lawsuit in court

Compensation and Remedies

Victims of discrimination may be entitled to:

• Financial compensation for material and non-material damages
• Reinstatement (in cases of discriminatory dismissal)
• Injunctive relief to stop discriminatory practices

Burden of Proof

In discrimination cases, the burden of proof is shared:

• The complainant must establish facts that indicate discrimination has occurred
• The respondent must then prove that discrimination did not take place or that there was a justifiable reason for the different treatment

Penalties for Non-Compliance

Employers found to be in violation of anti-discrimination laws may face:

• Financial penalties
• Administrative fines
• Damage to reputation and public image

Recent Developments

Austria continues to strengthen its anti-discrimination framework. Recent initiatives include:

• Enhanced protection against discrimination based on part-time or fixed-term employment status
• Increased focus on gender pay gap reporting and transparency measures

Conclusion

Austria's anti-discrimination laws provide robust protection for individuals across various protected characteristics. Employers must be proactive in preventing discrimination and ensuring equal treatment in all aspects of employment. The country's legal framework offers multiple avenues for redress, emphasizing the importance of creating an inclusive and fair work environment.

Working Conditions in Austria

Work Hours

Austria has strict regulations regarding work hours to ensure employee well-being and work-life balance:

• Standard work week: 40 hours
• Maximum daily work time: 10 hours
• Maximum weekly work time: 50 hours
• Overtime must be compensated with additional pay or time off

Flexible Working Arrangements

Many Austrian companies offer flexible working hours (Gleitzeit) within certain core hours, allowing employees to balance their work and personal lives more effectively.

Rest Periods

Austrian law mandates specific rest periods to prevent employee burnout and maintain productivity:

• Minimum daily rest period: 11 consecutive hours
• Minimum weekly rest period: 36 consecutive hours, typically including Sunday
• Breaks: 30 minutes for workdays longer than 6 hours, which can be divided into two 15-minute breaks

Ergonomic Requirements

Austria places a strong emphasis on workplace ergonomics to ensure employee health and safety:

• Employers must provide ergonomically designed workstations
• Regular risk assessments of workplaces are mandatory
• Employees must receive training on proper ergonomic practices

Specific Ergonomic Standards

• Computer workstations must have adjustable chairs and desks
• Proper lighting to reduce eye strain
• Noise levels must be controlled to minimize stress and distraction

Vacation and Public Holidays

• Minimum paid vacation: 25 working days per year
• Public holidays: 13 paid public holidays annually

Maternity and Paternity Leave

• Maternity leave: 16 weeks (8 weeks before and 8 weeks after birth)
• Paternity leave: 1 month of unpaid leave, with plans to introduce paid paternity leave

Health and Safety

• Employers must implement measures to ensure workplace safety
• Regular health and safety training for employees is mandatory
• Workplace accidents must be reported to the appropriate authorities

References

1. Austrian Working Time Act (Arbeitszeitgesetz)
2. Austrian Rest Periods Act (Arbeitsruhegesetz)
3. Austrian Employee Protection Act (ArbeitnehmerInnenschutzgesetz)
4. Austrian Labour Inspectorate (Arbeitsinspektion)
5. Austrian Chamber of Labour (Arbeiterkammer)

These standards ensure that employees in Austria enjoy a high level of protection and favorable working conditions, contributing to a productive and healthy work environment.

Health and Safety Regulations in the Workplace in Austria

Employer Obligations

In Austria, employers are legally required to ensure the health and safety of their employees in the workplace. The primary legislation governing workplace health and safety is the Employee Protection Act (ArbeitnehmerInnenschutzgesetz - ASchG).

Key Employer Responsibilities:

1. Risk Assessment: Employers must conduct regular risk assessments to identify potential hazards in the workplace.

2. Preventive Measures: Based on the risk assessment, employers must implement appropriate preventive measures to minimize or eliminate identified risks.

3. Information and Training: Employees must be provided with adequate information, instruction, and training on health and safety matters relevant to their work.

4. Provision of Personal Protective Equipment (PPE): Employers must provide suitable PPE free of charge when necessary.

5. Health Surveillance: Employers must ensure that employees undergo regular health check-ups when required by law or when exposed to specific workplace hazards.

6. Emergency Procedures: Employers must establish and communicate clear emergency procedures and evacuation plans.

7. Documentation: Employers must maintain records of risk assessments, accidents, and occupational illnesses.

Employee Rights

Austrian employees have several rights concerning workplace health and safety:

1. Right to Information: Employees have the right to be informed about potential hazards in their workplace and the measures taken to protect them.

2. Right to Consultation: Employees must be consulted on matters relating to health and safety at work.

3. Right to Refuse Unsafe Work: Employees have the right to refuse work that they reasonably believe poses an immediate and serious risk to their health or safety.

4. Right to Representation: Employees have the right to elect safety representatives or form safety committees in larger workplaces.

5. Right to Report: Employees can report health and safety concerns to their employer, safety representatives, or relevant authorities without fear of retaliation.

Enforcement Agencies

Several agencies are responsible for enforcing health and safety regulations in Austria:

Labour Inspectorate (Arbeitsinspektion)

The Labour Inspectorate is the primary agency responsible for enforcing workplace health and safety regulations. Its main functions include:

• Conducting workplace inspections
• Investigating accidents and complaints
• Providing advice and guidance to employers and employees
• Issuing improvement notices and prohibition notices
• Initiating legal proceedings for non-compliance

Austrian Workers' Compensation Board (AUVA)

The AUVA plays a crucial role in preventing workplace accidents and occupational diseases. Its responsibilities include:

• Providing accident insurance for employees
• Conducting research on occupational safety and health
• Offering training and education programs
• Providing rehabilitation services for injured workers

Federal Ministry of Labour (Bundesministerium für Arbeit)

The ministry is responsible for developing and implementing labour policies, including those related to workplace health and safety. It oversees the Labour Inspectorate and coordinates with other relevant agencies.

Conclusion

Austria has a comprehensive framework for workplace health and safety, with clear obligations for employers and rights for employees. The system is enforced by dedicated agencies that work to ensure compliance and promote a safe working environment across the country. Employers operating in Austria must familiarize themselves with these regulations and implement robust health and safety management systems to protect their workforce and comply with legal requirements.