!!!Arbeitsrecht

Labour Law, branch of law governing persons in dependent employment, 
rooted in the recognised need to protect employed persons in view of 
the much stronger economic position of their employers. Labour law can 
be broken down into the law on employment contracts, which governs 
employee/employer relations, protection of workers law, which 
stipulates the duties of employers under public law in the interest of 
employees, and collective labour law, which lays down standards at 
higher-than-company level (in particular  Collective Agreements) and 
the participation of workers in decision-making (through  Works 
Councils and  Plant Agreements).

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Labour legislation takes the form of a large number of specific laws. 
The essential contract-law provisions regarding  Angestellte are found 
in the Angestelltengesetz (Law on White-collar Workers), while 
different provisions obtain for  Arbeiter (blue-collar workers), whose 
legal standing is being gradually brought in line with that of 
white-collar workers. The Code of Civil Law (ABGB) serves as a 
subsidiary source of law. Special provisions govern groups of 
individuals in need of special protection (such as pregnant women, 
parents, handicapped persons, military personnel and members of works 
councils). The law also stipulates restrictions concerning children 
and juveniles as well as the prohibition of night work by women.

\\
Working conditions in the individual branches of economic and 
industrial activity are laid down in concrete form in collective 
agreements, which cover in particular such matters as minimum pay, the 
number of  Working Hoursand holidays. Employment contracts have to 
comply with the stipulations of company-level agreements, collective 
agreements and the relevant laws.

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In general, working relations entered into without time limit can be 
terminated at certain fixed dates by giving notice of termination a 
stipulated time in advance, and no reasons for termination need be 
stated in the notice. Once the working relationship has existed for 
three years or more, the employed person is entitled to  severance 
pay. Either contracting party can terminate the working relations 
without notice for important reasons.

\\
Conflicts arising from working relations are decided by  Labour and 
Social Tribunals as courts of first instance.

!Literature
W. Schwarz and G. Loeschnigg, Arbeitsrecht, %%sup 7/%1999; 
C.-G. Vogt, Oe. Arbeitsrecht, 1998.


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