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International Employment Law - 2nd Edition - Looseleaf
International Employment Law - 2nd Edition - Electronic
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Austria
Hans Bichler and Edgar Zrzavy
Bichler Zrzavy Rechtsanwälte GmbH
Vienna, Austria
Introduction
Sources of Labor Law
Labor law in Austria is, in the absence of a complete codification, marked by the
interaction of statutes from private and public law. The basis for the private
autonomous shaping of legal relations in Austria is provided by the Civil Code,
which constitutes the “common law” of employment.
The private law principles of labor law stem from the age of enlightened
absolutism, while its public law principles developed only after the political
unrest of 1848. The Constitution of 1867 and the age of neo-absolutism
contributed to further development through the passage of the State Constitution
Act (StGG). The STGG protects the following basic rights related to labor law:
(a) equality before the law; and (b) the right to be free to pursue a livelihood and
occupational education.
The granting of association and assembly rights, as well as the subsequent repeal
of the prohibition against association through the Associations Act of 1870
(KoalitG),1 enabled decisive progress in the development of labor law.
Associations for the protection and support of workers were formed, and the
union movement was able to organize legally and to advance its demands.
State intervention in labor matters was originally based on trade law. The Trade
Code of 18592 contained provisions relating to labor law, which were
significantly expanded through social law provisions in the second Trade Code
Amendment of 1885.3
Of particular importance were the provisions concerning limitations on the hours
of work in factories, child labor, protection of mothers in the weeks subsequent
to birth, and Sunday rest and other guaranteed rest periods.
Austria
Introduction
Employment Agreement and Employment Relationships
Terms and Conditions of Employment
Discrimination
Collective Bargaining and Workers' Participation in Management
Health and Safety Protection in the Workplace
Dispute Settlement
Termination of Employment
Social Insurance
Wages and Collateral Costs
Conclusion
Hans Bichler and Edgar Zrzavy, Bichler Zrzavy Rechtsanwälte GmbH, Vienna, Austria
