On 28 March 2024, the amendments to Austrian legislation implementing the EU Directive on transparent and predictable working conditions came into force (Federal Law Gazette I No. 11/2024). We already provided information on important changes to statements of terms and conditions of employment in this expert blog: "New rules for statements of terms and conditions of employment adopted". However, further substantial changes have been enacted; please find an overview below:
Right to multiple employment
A right to multiple employment was introduced by one of the amendments (Sec. 2i of the Employment Contract Law Adaptation Act/AVRAG). This means that it is possible for workers to take on a second job in addition to an existing employment relationship. The secondary employment must not be subject to prior approval by the employer (any more). However, secondary employment may be prohibited if it impairs work performance or is incompatible with working hours legislation. Furthermore, employees must not be put at a disadvantage in comparison with others if they have a second job, and they must not be given notice of termination on account of their secondary employment. Hence, they are protected from termination of employment for proscribed reasons.
Training, further training and continuing education counts as working hours
If training, further training and continuing education (Sec. 11b of the Employment Contract Law Adaptation Act/AVRAG) form a prerequisite for work under statutory or collective agreement provisions, regulations or a clause in the employment contract, these count as working hours and have to be paid for by the employer (unless a third party, e.g. the Austrian Public Employment Service AMS, covers the costs). Special protection against termination of employment for proscribed reasons and an explicit ban on discrimination have likewise been introduced in this context.
The KWR Employment Law Team will be happy to answer any further questions you may have!