92
90
90
Access to Decent Work
100
100
40
100
100
100
100
80
100
100
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §12(1), 18 & 22-26 of Collective Labour Relations Act (Official Gazette No. 22/1974) | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §15 of White-Collar Employees Act (No. 292/1921); Employment Contract Law– AVRAG (No.459/1993) | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §10 of Working Time Act (Official Gazette No.461/1969) | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §9 of Rest Periods Act (Official Gazette No. 144/1983) | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §12a-d of Working Time Act (Official Gazette No.461/1969) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §2-10 of Working Time Act, 1969 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §9 of Working Time Act (Official Gazette No.461/1969) | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §3 of Rest Periods Act, 1983; §12(3) of Working Time Act, 1969 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §7-9 of Rest Periods Act, 1983 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §2-10a of Annual Leave Act, 1976 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §2 of Employment Contract Law Harmonization Act, 1993 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §19 of White-Collar Employees Act, 1921 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §20(2), White-Collar Employees Act 1921; §1159 & 1159(A&B), General Civil Code 1811; §77, Trade, Comm. and Ind. Regulation Act, 1859 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | Chapter 4 of White-Collar Employees Act, 1921; §7 of the Employees' Income Provision Act, 2002 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §15(a-g) of Maternity Protection Act 1979; §1-4 of Parental Leave for Fathers Act 1989; §5 of Child Care Benefit Act 2001 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §1 and 2(4)of the Family Time Bonus Act 2016, ; §1a of the Austrian Paternity Leave Act 2019 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §15(h-n) of Maternity Protection Act 1979; §8 & 8(a-h) of Parental Leave for Fathers Act 1989 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §9 of Maternity Protection Act 1979 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §31 of the Equal Treatment Act, 2004 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §3 & 5 of Maternity Protection Act 1979 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §14 of Maternity Protection Act 1979; §162 of General Social Insurance Act, 1955 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §14 of Maternity Protection Act 1979; §162 of General Social Insurance Act, 1955 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §10, 12 & 15 of Maternity Protection Act 1979 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §15, 17, 69-70 of the Health and Safety at Work Act 1994 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §14 of the Health and Safety at Work Act 1994 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §2-8 & 14 of Maternity Protection Act 1979; §3a of Act on Protection of Mothers | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §138-143 & 468, General Social Insurance Act 1955; §1154-1158, General Civil Code 1811; Continued Remuneration Act 1974 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §253 of General Social Insurance Act, 1955; General Retirement Income Act, 2004 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | General Social Insurance Act, 1955; General Retirement Income Act, 2004 | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | Unemployment Insurance Act (Official Gazette No. 609/1977) | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §138-143 & 468, General Social Insurance Act, 1955; §1154-1158, General Civil Code 1811; Continued Remuneration Act 1974 | Score adjusted due to a minor revision in methodology |
| Does the law provide for invalidity benefits? | Yes | 1 | General Social Insurance Act, 1955; General Retirement Income Act, 2004 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §3(2) & 11 of Equal Treatment Act, 2004 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §6, 7 & 12(11) of Equal Treatment Act, 2004; §218 of Penal Code, 1974 | No Change |
| Does the law prohibit discrimination in employment matters? | No | 0 | §7 of Austrian Federal Constitution 1920; §1-29 of Equal Treatment Act, 2004; §283 of Penal Code, 1974 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | No restrictive legal provisions could be located | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Freelance Social Insurance Law – FSVG, 1978; MISSOC Comp. Table for Austria | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §1-7 of Employment of Children and Young Persons Act, 1987 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §1-7, Emp. of Children and Young Persons Act, 1987; §2 & 3 of Compulsory Schooling Act 1985 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §1, 12, 14, 17 & 23 of Employment of Children and Young Persons Act, 1987 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §104, 104(a) and 217 of Penal Code, 1974; §114-116 of Aliens Police Act, 2005 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | Labour Constitution Act, 1974; Chamber of Labour Act, 1991; Associations Act, 2002 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | Labour Constitution Act, 1974; Eurofound Country Profile for Austria | No Change |
| Does the law provide the right to strike? | Yes | 1 | No violative legal provisions could be located | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | No violative legal provisions could be located | No Change |