Changes in the Austrian Health and Safety at Work Act

Stepwise modifications as of 2018

2018 will already bring extensive changes in the Austrian Health and Safety at Work Act. Principal points are the equalization of workers and employees in the areas of notice periods and sick leave. Furthermore, there were change in the areas of remuneration of apprentices, protection of non-smokers and maternity leave. We summarized some of the most crucial points. Our experts in the area of labour law are available for further, more detailed information on this matter.

Assimilation of white- and blue-collar workers:
The assimilation of workers and employees consists of the following measures:

• 1. Sick leave:
  • The entitlement has been increased to 8 weeks full and 4 weeks half of continued remuneration and starts already after a one-year employment relationship, and is effective as well for white- and blue-collar workers. Until now, the continued remuneration was being increased only after a five-year period from 6 to 8 weeks.
  • The entitlement to continued remuneration now complies with the working year.
  • In addition, the reasons for absenteeism periods of blue-collar workers cannot be restricted by the collective agreement.
  • In case of consensual termination of the employment contract during the worker’s sick leave, the employer is obliged to continued remuneration. So far, he has been obliged to do so only in case of (unfair) dismissal or justified resignation of the worker during sick leave.

• Notice period: Until now, the 6-week notice period applied only to white-collar workers, while the period for blue-collar workers has been regulated in the collective agreements and was shorter. As of 01.01.2021, the 6-week notice period will also apply to blue-collar workers. Dissenting regulations in the work- or collective agreements are not invalid.

A full approximation of the two groups has not been reached though, since there has not been created an uniform term for “worker”.

Apprentices:
Apprentices which started their apprenticeship after 31.12.2017 will receive doubled sick pay (as of 1.7.2018) compared to the past regulation. Furthermore, the apprenticeship trainer has to pay for the apprentice’s cost for accommodation, these expenses will be reimbursed upon request. This regulation is effective as of 01.01.2018.

Part-time employees:
They are not subject to separate termination provisions anymore and the 6-week notice period applies also to them.

No bonus-malus-model (so called “employment bonus”):
The target values to increase employment of over 55-year-old workers have been reached until the due date 30.06.2017. Therefore, the planned bonus-malus-model will not entry in force as of 01.01.2018.

Inclusion of the disabled:
In case of harassment, disabled persons have the possibility of an injunctive relief claim against the harasser. Furthermore, the authority of the Austrian Council of the Handicapped has been extended: With a class action suit, the Council can now sue "big" corporations on omission and removal of discrimination.

Protection of non-smokers:
A step towards protection of non-smokers takes place on 01.05.2018: As of this date, it is forbidden for employers and workers to smoke in workplaces in buildings, if there are non-smokers working there. If the capacities exist, the employer can provide smokers' rooms, but has to make sure that the smoke does not get into the non-smoking areas.

Maternity Protection Act:
The new Maternity Protection Act states the medical indicator for early maternity leave claims in a clear and legally binding manner. The confirmation of a gynaecologist or an internist is sufficient for the attestation.

Abolishment of "Auflösungsabgabe":
The so called "Auflösungsabgabe" of EUR 128,00, which had to be paid in case of each termination and consensual termination is being abolished as of 01.01.2020.

Further information is available at the Austrian Economic Chamber (in German).