Labor Law
Share for overtime and extra hours in all-in salary is suspended during parental part-time leave
Decision of the Vienna Higher Regional Court of 17.12.2021, 9 Ra 92/21x - Share for overtime and extra hours in all-in salary is suspended during parental part-time work. The decision of the Supreme Court is pending on the following facts, which the first and second instance have so far decided as follows: Since 2016, the plaintiff has been employed as a bank employee at the defendant company with 38.5 [...].
Entry into service despite ordered isolation due to suspected corona case in accordance with Section 7 of the Epidemics Act
Decision of the Supreme Court from 14.9.2021, 8 ObA 54/21f – Entry into service despite ordered isolation due to suspected corona case in accordance with Section 7 of the Epidemics Act. The Austrian Supreme Court rejected the extraordinary appeal due to the lack of a significant legal issue and explained in detail why the decisions of the lower courts did not raise any concerns: An employee who was ill with coronavirus had to isolate herself due to a suspected case of coronavirus, but nevertheless went to work [...]
Social plan with waiver of contestation of dismissal
Supreme Court from 29.4.2021, 9 ObA 9/21w - Social plan with waiver of contestation of dismissal. § 105 ArbVG: In social plans, the social plan payment of a voluntary severance payment can be made dependent on the employee's omission to challenge the dismissal in court in accordance with § 105 ArbVG. The employee was not prepared to agree an amicable termination of the employment relationship and was dismissed, [...]
Eligibility Requirement for Voluntary Severance Pay in a Social Plan
OGH 29.4.2021, 9 ObA 9/21w - Entitlement Requirement of a Voluntary Severance Payment in a Social Plan. The granting of a voluntary severance payment in a social plan can be effectively made dependent on the waiver of a termination challenge. It is therefore permissible to agree in a social plan that a voluntary severance payment will only be granted to those employees who have accepted the dismissal carried out on the basis of the [...]
Labor Law UPDATES
There are some interesting decisions in the category of labor law that we do not want to withhold from you. 1. OGH, 25.2.2021, 8 ObA 2/21h - Termination agreement of an employment relationship after threat of dismissal "A termination agreement concluded under threat of dismissal is legally effective if the employer had plausible and objectively sufficient reasons for its pronouncement."
No vacation consumption during agreed educational period
OGH, judgment of 29.9.2020 - 9 ObA 69/20t - No vacation consumption during agreed educational period. During the consumption of the statutory vacation entitlement, the employee must be completely free to spend the vacation as he wishes. An agreement according to which a part of an agreed training period is credited against the statutory leave entitlement is invalid. In the case of an agreement on a granted educational period [...]