Publications  


ILO Employment - Austria, 16/06/2010
Secondment: the tripartite relationship, 16/06/2010

The Act on Secondment is broad in scope and basically applies to any scenario in which employees are seconded to a third party. The law´s purpose is to provide rules which protect the labour and social rights of the seconded employees. Secondment creates a tripartite relationship between a temporary employment agency, the employer and the employee.
Publications  


ILO Employment - Austria, 22/10/2008
Are Employers Obliged to Provide Works Council Members with Office Equipment?, 22/10/2008

In a recent decision the Supreme Court had to decide whether an employer was obliged to pay for office equipment needed by works council members to perform their representative roles on behalf of the workforce. The court concluded that the employer must, at its own cost, provide the chairman of the works council with a mobile phone, a laptop computer and a personal digital assistant.
Publications  


ILO Employment - Austria, 17/12/2008
Supreme Court Rules on Performance-Related Pay, 17/12/2008

A recent Supreme Court decision could have broad ramifications for employers that seek to raise individual employee performance by incentivizing their salary systems. Regardless of obtaining express consent from each individual employee, the court has ruled that such a system is voidable without prior consent from the works council.
Publications  


ILO Employment - Austria, 27/05/2009
Kurzarbeit: An Alternative to Lay-Offs, 27/05/2009

In response to the global economic downturn, Austria has in place a system wherein employers are permitted to reduce their employees´ working hours while keeping the employment relationship intact. In accordance with this system, employers pay their employees government-subsidized special allowances instead of regular pay in order to cover most of the earnings shortfall.
Publications  


ILO Employment - Austria, 28/10/2010
Whistleblowing Hotlines: Employment and Data Protection Issues, 28/10/2009

Following the demise of Enron and ensuing US legislation, US companies have introduced mechanisms to safeguard the compliance of their European operations with the new legal framework. Such mechanisms have included implementing codes of conduct or ethics, which often provide for a whistleblowing hotline. The issue of whether the implementation of such codes is in line with Austrian legislation is twofold.
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