| 1. Is it a legal
requirement that employees must receive an employment
contract ? |
No, but an employee can claim to
receive a written summary of the important points of
the employment agreement. |
| 2. What factors constitute
a fair dismissal i.e.legally justifiable reasons to
terminate employment without the need to pay compensation?
|
Termination by notice; by agreement
or based on substantive reasons, which pre-supposes
that the employer cannot objectively be expected to
continue the employment relationship, even for the period
of notice. |
| 3. What is good practice
with regard to dismissal procedures to minimise the
risk of claims for unfair dismissal? |
There is no particular good practice
with regard to termination procedures - it depends on
each case. |
| 4. If an employee
is dismissed unfairly what is the financial range of
compensation that can be made to employees? |
Financial compensation is usually
limited to the wages for the notice period, holiday
entitlements and any other agreed severance payments. |
| 5. Do employees have
the right to be members of a trade union? |
Employees have the right to join
the OGB (Osterreichischer Gewerkschaftsbund) - a free
employee trade association. There is also a statutory
employee trade association called the 'Arbeiterkammer'. |
| 6. Is there any legal
requirement for an employer to contribute to a pension
for employees? |
Yes. |
| 7. What are standard
maternity rights? |
Pregnant women may not
be employed during the eight weeks preceding the expected
date of delivery and eight weeks after (may be increased
to twelve weeks under certain circumstances, e.g. multiple
deliveries). Parents are entitled to maternity or paternity
leave until the 2nd birthday of the child, but this
cannot be simultaneous, but they can split the leave.
There is an automatic entitlement to return to work.
|
| 8. What are parental
leave rights (including paternity leave)? |
| 9. When are employees
eligible for redundancy payments? |
Yes, after three years, except where
the employee is at fault or the employer has provided
notice of termination. |
| 10. What are the
statutory redundancy payment limits? |
These are based on length of service:
- after 3 years - twice the monthly
wage; - after 5 years - three times monthly wage;
- after 10 years - four times monthly wage;
- after 15 years - six times monthly wage;
- after 20 years - nine times monthly wage;
- after 25 years - twelve times monthly wage(The law
changed in 2003)
|
| 11. Can existing
employees be dismissed if you buy a business with employees? |
Employees do not need to be given
notice in this situation, but there are exceptions and
generally Austrian law is harmonised with EU law in
this area, which generally entitles employees continuity
of employment on the same terms. |
| 12. Any other general
legislation? |
Yes, rules about disability, working
time regulations, data protection, employment of apprentices
and the so called collective labour law (Works Council) |
