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."
New ECJ ruling: indication of intended use & precautions for use of cosmetic products
CJEU, Judgment of 17.12.2020, C-667/19 - Intended use of a cosmetic product and information on special precautions for use: Consumer language and product catalog. The decision is based on the case of an owner of a Polish beauty salon who purchased American cosmetic products from a sales representative, on the packaging of which the intended use did not appear. Instead, there was a symbol depicting a [...]
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 [...]
NEW: Medical Device Regulation since 26.05.2021
Regulation (EU) 2017/745 - Medical Device Regulation. For more than 4 years, we have been concerned with the new European Medical Device Regulation (Regulation (EU) 2017/745). Now it has finally entered into force on 26.05.2021, this after the start of validity was postponed by another year from 2020 to 2021 due to Corona. The Medical Devices Regulation comprehensively changes the legal area, the Austrian legislator has also [...]