How to manage the employment relationship in Austria?
Posted on May 4, 2019
As per the case laws, regular employment contracts in Austria have the following crucial criteria:
- A place of work that is predetermined
- Working hours that are predetermined
- An obligation for the in-person performance of duties
- The integration of the employee into the organization of the employer
- Absence of rights for refusal of instructions of the employer
- Usage of resources of the employer
- Compliance with the policies of the employer
- A ban on side activities
The termination of the contract of employment does not need any specific form in principle. Contracts can be terminated by coherent actions, in writing or orally. However, it is recommended that they are terminated in writing, as quoted by the Lexology.
Employers in Austria must offer a written statement to the employers in the absence of a written employment contract. This must summarize the salient aspects of the relationship right away with the start of the employment.
An amendment to the contract is possible only with the approval of the employer and employee in principle. Employers frequently utilize something known as ‘notice of sacking for amendments’.
Usually, the employer announces the ending of employment contract through the withdrawal of the offer for changing the contract as the condition. The termination becomes operative only upon rejection of the simultaneous offer for contract amendment.
Contract adjustments or amendments can also arise from implicit intent declarations. For instance, the field of activity of the employee is changed with no open declaration. The employee then carries out this work with no remarks.
The employment of overseas workers in Austria is subject to diverse curbs and restrictions for protecting the domestic employees and reasons of labour market rules. These are outlined in the Overseas Nationals Employment Act in Austria. Overseas nationals are individuals who do not possess the citizenship of Australia, EEA or EU in principle.
Employers in Austria can hire overseas nationals only if the valid Residence Permits and Work Visas have been offered. For instance, Red Card, White-Red Card, etc. Citizens of Switzerland are normally permitted to reside and work in Austria.
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