Legal harmonisation of workers and employees

With BGBl. I No. 2017/153 of 13.11.2017, a point-by-point adjustment Labour law Regulations for Employees and workers. There has not been a complete alignment, because no uniform concept of employee This has the consequence that, for example, separate works councils for workers and employees will continue to exist. The changes will be phased in over the years. 2018 bis 2021 take effect and particularly affect changes in the Payment continuation (from 2018) as well as Termination periods (from 2021).

Payment of wages during sick leave and in the event of an accident at work since 1 July 2018

Under the current legal situation, workers such as employees had Illness From the 1st to the 5th year of service, entitlement to 6 weeks of full and 4 weeks of half-pay compensation. After 5, 15 and 25 years, the entitlement increased to 8, 10 and 12 weeks of full and 4 weeks of half-pay respectively. Payment continuation. Furthermore, an arrangement applied to the employees regarding Recurrent infections or after long-term sick leave, after which a full entitlement to wage compensation only arose six months after resuming service.

The new law adapts the existing regulations regarding workers, which link the payment of wages to the work year. This means that regardless of whether service is resumed at the beginning of the new work year, a new entitlement to payment of wages will arise. Furthermore, employees and workers will in future be entitled to a full payment of wages in the amount of 8 weeks after the completion of the first year of service, instead of after 5 years.

Furthermore, it was added for both employees and workers that Payment continuation I'm Sickness absence also in mutual termination of the employment relationship paid beyond the end of the employment relationship, if the statutory periods for receiving the salary supplement have not yet been exhausted. This has already been the case in the event of an employer termination, unjustified dismissal, and a justified early departure.

The law also provides for Alignment for workers and employees regarding Work-related accidents and occupational diseases Previously. The "privileged payment of wages for workers" will now be taken over in the event of work accidents and occupational diseases. Accordingly, in the event of any Work-related accident (Occupational illness) a claim for continued payment of wages 8 weeks (after 15 years of employment 10 weeks) per work accident or occupational illness, regardless of other sick leave. If an employee is simultaneously employed at several employers If an employee is employed, a claim arises only against the service provider where the service interruption occurred. Claims arise against the other service provider under the general provisions.

Also for Apprentices the salary advance claims were settled in Case of illness extended. Instead of the previous 4 weeks, the full apprenticeship allowance is now paid for 8 weeks, and for an additional 4 weeks, instead of the previous 2 weeks, a partial allowance. Payment continuation in the event of service interruptions from other important personal reasons (e.g. wedding, birth or death of a relative) a Alignment the right of the Workers an the one of Employees; a restriction through the collective agreement is no longer possible in the future.

The above mentioned Changes to the payment of remuneration are accompanied by Effective July 1, 2018 have been terminated and are applicable to non-working absences that occur after June 30, 2018, or to consensual terminations of employment during a non-working absence or in anticipation of a non-working absence that would result in the termination of the employment relationship after June 30, 2018.

Harmonization of termination periods from 1.1.2021

Another significant innovation in the legal situation is the Alignment of termination deadlines The worker receives what the employee is entitled to. The new statutory termination provisions for workers correspond in substance to the previous termination provisions for employees. Lack of one for the employee cheaper agreement can the employer terminate the employment relationship with Flow of each calendar quarter by giving prior notice. However, as with employees, the 15th of the month or the end of the calendar month can also be agreed as the termination date, as is customary in practice.

The Termination period amounts to six weeks and increases to two months after the second full year of service, to three after the fifth full year of service, to four after the fifteenth full year of service, to five months after the twenty-fifth full year of service. Collective agreements may provide for sectors in which Seasonal businesses discrepancies will be resolved and the termination provisions for employees will be in line with the freely selectable employment relationships This leads to the fact that, in the event of the employer using a false notice period, the employees are now also entitled to termination compensation.

The Changes join in 1 January 2021 in force and are to apply to terminations that are issued after December 31, 2020, to the extent None for the worker cheaper Agreements (e.g. in employment contracts) that means that the termination provisions contained in approximately 300 collective agreements will no longer apply to workers on December 31, 2020. January 1, 2018 the short notice period of two weeks for Employees working part-time with less than one-fifth of the normal working hours, lifted. Thus, since the beginning of 2018, the general regulations apply to employees with a reduced working hours.

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