LRI 2022 Austria - CLR

Austria

2022 Score

90

Stagnant

2020 Score

90

Rating

Approaching
Decent Work

Fair
Wages

100

Decent
Working Hours

100

Employment
Security

40

Family
Responsibilities

100

Maternity
at Work

100

Safe
Work

100

Social
Security

80

Fair
Treatment

80

Child &
Forced Labour

100

Trade
Union

100

Fair Wages

Question	Answer	Score	Legal Basis
Does the law prescribe minimum wage rates in the country?	Yes	1	§12(1), 18 & 22-26 of Collective Labour Relations Act (Official Gazette No. 22/1974)
Does the law require regular payment of wages?	Yes	1	§15 of White-Collar Employees Act (No. 292/1921); Employment Contract Law– AVRAG (No.459/1993)
Does the law require overtime compensation be at least 125% of the regular hourly rate?	Yes	1	§10 of Working Time Act (Official Gazette No.461/1969)
Does the law require additional compensation for working on a weekly rest day?	Yes	1	§9 of Rest Periods Act (Official Gazette No. 144/1983)
Does the law require additional compensation for night work?	Yes	1	§12a-d of Working Time Act (Official Gazette No.461/1969)

Decent Working Hours

Question	Answer	Score	Legal Basis
Does the law stipulate general working hours as 48 hours or lower?	Yes	1	§2-10 of Working Time Act, 1969
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)
Does the law require a weekly rest of at least 24 hours?	Yes	1	§3 of Rest Periods Act, 1983; §12(3) of Working Time Act, 1969
Does the law require paid public holidays?	Yes	1	§7-9 of Rest Periods Act, 1983
Does the law require at least three working weeks of paid annual leave?	Yes	1	§2-10a of Annual Leave Act, 1976

Employment Security

Question	Answer	Score	Legal Basis
Does the law require written employment contracts or at least written employment particulars?	Yes	1	§2 of Employment Contract Law Harmonization Act, 1993
Does the law restrict the hiring of fixed-term contract workers?	No	0	No applicable legal provisions could be located
Does the law limit the length of probation period including renewals to a maximum of 3 months?	Yes	1	§19 of White-Collar Employees Act, 1921
Does the law require a 30-day notice before 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
Does the law require severance pay at the rate of at least 2 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

Family Responsibilities

Question	Answer	Score	Legal Basis
Does the law require 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
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
Does the law require flexible work 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
Does the law require paid nursing breaks?	Yes	1	§9 of Maternity Protection Act 1979

Maternity at Work

Question	Answer	Score	Legal Basis
Does the law prohibits inquiring about pregnancy during recruitment?	Yes	1	§31 of the Equal Treatment Act, 2004
Does the law require paid maternity leave of at least 14 weeks?	Yes	1	§3 & 5 of Maternity Protection Act 1979
Does the law require cash maternity benefit be at least 67% of a worker's former wage?	Yes	1	§14 of Maternity Protection Act 1979; §162 of General Social Insurance Act, 1955
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?	Yes	1	§14 of Maternity Protection Act 1979; §162 of General Social Insurance Act, 1955
Does the law protect workers from dismissals during or on account of pregnancy?	Yes	1	§10, 12 & 15 of Maternity Protection Act 1979

Safe Work

Question	Answer	Score	Legal Basis
Does the law require provision of free personal protective equipment to workers from employer?	Yes	1	§15, 17, 69-70 of the Health and Safety at Work Act 1994
Does the law require the employer to train workers on health and safety issues?	Yes	1	§14 of the Health and Safety at Work Act 1994
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
Does the law provide for employment injury benefit?	Yes	1	§138-143 & 468, General Social Insurance Act 1955; §1154-1158, General Civil Code 1811; Continued Remuneration Act 1974

Social Security

Question	Answer	Score	Legal Basis
Does the law provide for an old age pension?	Yes	1	§253 of General Social Insurance Act, 1955; General Retirement Income Act, 2004
Does the law provide for a dependants'/survivors' pension?	Yes	1	General Social Insurance Act, 1955; General Retirement Income Act, 2004
Does the law provide for unemployment benefit?	Yes	1	Unemployment Insurance Act (Official Gazette No. 609/1977)
Does the law require paid sick leave for the first 6 months of sickness?	No	0	§138-143 & 468, General Social Insurance Act, 1955; §1154-1158, General Civil Code 1811; Continued Remuneration Act 1974
Does the law provide for invalidity benefit?	Yes	1	General Social Insurance Act, 1955; General Retirement Income Act, 2004

Fair Treatment

Question	Answer	Score	Legal Basis
Does the law require equal remuneration for work of equal value?	Yes	1	§3(2) & 11 of Equal Treatment Act, 2004
Does the law prohibit sexual harassment in employment?	Yes	1	§6, 7 & 12(11) of Equal Treatment Act, 2004; §218 of Penal Code, 1974
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
Does the law allow women to do the same jobs as men?	Yes	1	No restrictive legal provisions could be located
Does the law guarantee basic labour protections for gig economy workers?	Yes	1	Freelance Social Insurance Law – FSVG, 1978; MISSOC Comp. Table for Austria

Child & Forced Labour

Question	Answer	Score	Legal Basis
Does the law prohibit employment of children?	Yes	1	§1-7 of Employment of Children and Young Persons Act, 1987
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
Does the law prohibit the employment of children 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
Does the law prohibit forced labour?	Yes	1	§104, 104(a) and 217 of Penal Code, 1974; §114-116 of Aliens Police Act, 2005

Trade Union

Question	Answer	Score	Legal Basis
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
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
Does the law provide for the right to strike?	Yes	1	No violative legal provisions could be located
Does the law prohibit employers from terminating employment contracts of striking workers?	Yes	1	No violative legal provisions could be located