Public Labour Law

Labor law basically regulates the relationship between employees and employers. Labor law is set in various legal acts.  Very roughly, it can be separated into private and public labour law.

Private labor law is predominantly set in the Allgmeines Bürgerliches Gesetzbuch (Civil Code; LR 210.0 ) in
§ 1173a Art. 1 ff. regulated. The individual employment contract arises by concurring mutual declarations of intent between employer and employee. The parties are basically free in contracting, but the employment contract may not contradict the following provisions:

• the mandatory provisions of the ABGB (§ 1173a Art. 112 ff. ABGB)
• the provisions of a collective agreement, a generally applicable collective agreement or a mandatory standard employment contract under § 1173a Art. 111a ABGB,
• public labour law.

Claims arising from private labour law are to be enforced with a lawsuit in court.

Public labor law includes employee protection law. This includes, among other things, the "Arbeitsgesetz" (LR 82.10; Labour Act) and the associated ordinances. Deviations from these mandatory minimum provisions may only be made in favor of employees. These protective provisions are enforced ex officio.

The Office of Economic Affairs is the competent authority for questions related to public labour law. For questions relating to private labour law, we recommend contacting the relevant  employers' or employees' association or union, and, if necessary, legal protection insurance or a law firm. For questions related to the Arbeitsgesetz (Labour Law), please do not hesitate to contact us.

For more info on public labour law, see Arbeitssicherheit....ACHTUNG LINK FEHLT . S . deutsche Seite.

For more info related to collective redundancies or unemployment, see loss and serach of employment .