Austria: Transparency Package 2024: Implementation of the EU Labour Law Transparency Directive

 

Our law firm partner, RA Johannes Paul,  gave a lecture at Prodinger & Partner Steuerberatung in Zell am See on 30.4.2024. Interested experts from the field of payroll accounting received an update on current topics from labour law 2023/24. In particular, the 2023 childcare package, which included changes to parental leave, parental leave and protection against discrimination, and the 2024 transparency package were discussed. Questions and case studies from practice from the audience were also answered. We would like to thank Lukas Prodinger and Markus Steiner for the very good cooperation.

We have already reported on the 2023 care package with regard to the implementation of the Work-Life Balance Directive. With the 2024 Transparency Package, which has been in force since 28.3.2024, the legislator has implemented the EU Transparency Directive under labour law. We have briefly summarized the most important changes for you:

1. Service slip

The employer’s information obligations have been extended and clarified to the effect that there is now also an obligation for freelance employment relationships to issue a service slip on the occasion of the establishment of the employment relationship, an assignment abroad or a change in the employment relationship of certain working conditions. The obligation does not exist if a written employment contract or an amendment agreement has been concluded. In addition, the minimum content of a service slip has been expanded to include the following points:

dismissal procedures to be followed,
Registered office of the company,
short description of the work to be performed,
remuneration for overtime, due date and method of payment of remuneration,
information on the conditions for changing shift schedules,
the name and address of the social security institution,
the duration and conditions of the agreed probationary period, and
If applicable, the right to further training provided by the employer.

 

Service slips must still be issued in writing, but can now be transmitted in electronic form at the employee’s choice. Another new feature in connection with service slips is the administrative punishability of not handing over service slips. According to this, the employer is threatened with a fine in the event of a violation.

2. Protected right to multiple employment

In the future, employees will have a legal right to enter into employment relationships with several employers. The employee must not be disadvantaged as a result. In individual cases, however, employers can demand that the employee refrain from employment in a further employment relationship if this employment is not compatible with working time regulations or is detrimental to the employment in the existing employment relationship.

3. Training, further education and training

Training, further education and training, which constitute a legal prerequisite for the performance of the activity agreed in the employment contract on the basis of statutory provisions, ordinances, norms of collective law or the employment contract, are now expressly to be classified as working time. The costs for such training, further education and training are to be borne by the employer, unless the costs are borne by third parties.

The innovations with regard to the right to multiple employment, training, further education and training and the issuance of service slips are flanked by a motive protection for dismissals. At the request of the employee, dismissal in this context must be justified in writing, but the failure to provide a reason for the legal validity of the termination is irrelevant.

The new regulations apply to the service slips for service or employment contracts concluded from 28.3.2024, other changes with the day after the announcement.

 

For further information, please contact:

Franziska Eckerstorfer, Lawyer

Zumtobel & Kronberger, Salburg

e: office@eulaw.at

t: +43 662 624500

 

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