Littler Global Guide - Austria - Q2 2021

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q2 2021 Global Guide Quarterly updates   Download full Q2 2021 Global Guide Quarterly

Voting Age for the Works Council

New Legislation Enacted

Author: Markus Loescher, Partner – Gerlach | Littler

The minimum age for eligibility to participate in works council elections was lowered from 18 to 16. This means that 16- and 17-year-olds also count towards the number of employees entitled to vote. From five employees entitled to vote onwards, a works council can be formed and general protection against dismissal applies. Be that as it may, there is still no obligation to install a works council in Austria.

Equalization of Blue- and White-Collar Workers

New Legislation Enacted

Author: Paul Moosmann, Associate - Gerlach | Littler

The law on the equalization of blue- and white-collar workers, which would initially have come into force on July 1, 2021, has now been postponed again to October 1, 2021. The most important point for employers is the extension of the notice periods for workers who are dismissed after September 30, 2021. Therefore, we recommend adjusting the termination clauses in employment contracts and fixing the termination option to the last day of the month. If this is not done, under the new law, termination of workers will only be possible as of each calendar quarter.

New Short-Time Work Directive, with Application Deadline of August 18, 2021

Upcoming Deadline for Legal Compliance

Author: Markus Loescher, Partner – Gerlach | Littler

The current short-time working policy will be extended for the last time from July 2021 to June 2022. Deadline for application is August 18, 2021. There are now two models. The first model applies to businesses that are particularly impacted by the pandemic, either those affected by lockdowns or regulatory actions or businesses that experience a 50% decrease in sales in Q3 2020 compared to Q3 2019. The minimum working time for this model is now 30% and the net replacement rate remains the same (80-90%). The second model applies to all other businesses. Employers must take a 15% discount from current subsidy levels. The minimum working hours for this model must be 50%, with a mandatory vacation reduction of one week per two months of short-time work.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.