Información recompilada por: Emilia Seoane Pérez, conselleira EURES (EURopean Employment Services) e profesora da Universidade de Vigo

Transcription

1 AUSTRIA CONDICIÓNS DE VIDA E DE TRABALLO (VERSIÓN EN INGLÉS) HOW TO FIND A JOB BUSCA DE EMPREGO You can find out about job vacancies from the job adverts in newspapers (e.g. in the weekend editions), through the Employment Service (Arbeitsmarktservice (AMS)), through private employment agencies and through offers posted on the Internet (recruitment bureaux). Word of mouth is also important: ask friends, relatives and neighbours. You can also obtain information on Austrian job vacancies through the EURES network via your country s employment service or on the Internet. More than 700 specially trained EURES advisers work in the employment services of all EU/EEA countries and in Switzerland to help jobseekers find a job in another EU/EEA country. Management personnel are increasingly being recruited from other firms, either directly or through recruitment bureaux. In most cases, however, you still have to apply directly to the firm in question. Before you send off the application documents, you should first contact potential employers by telephone and/or by and ask whether the job/position advertised is still available. It is also common practice to send out applications when no job vacancy has been advertised (applying on spec ). 1 If you have agreed an interview date by telephone, in person or by , it is also customary to take along a curriculum vitae, references and confirmation of past employment. HOW TO APPLY FOR A JOB Application documents should always be written in German unless the vacancy notice stipulates another language. Send your applications by post or . It is also common practice to send applications to firms which have not advertised a vacancy (applying on spec ). A complete application pack includes: A letter of application (covering letter); a curriculum vitae or Europass CV; references and certificates (school-leaving certificate, testimonials, evidence of attendance at important work-related courses); letter(s) of recommendation (where available); application photograph.

2 The letter of application/covering letter: Be sure to find out the name of your contact person in the company (e.g. the Personnel Manager) and if possible address him or her using his or her correct title (e.g. Dear Dr Müller). Refer to the newspaper advertisement or a telephone call in your letter. Draw attention to two or three of your strongest points (professional experience, professional and personal qualifications, motivation, commitment), indicating why you are the ideal candidate for the position. Request a personal interview. Curriculum vitae: Your curriculum vitaeshould be brief, concise and clearly laid out, presenting the essential facts. It should preferably consist of no more than two or even better, one A4 sheet/s. Previous periods of employment should be arranged chronologically, beginning with your first job and ending with your most recent one, or vice versa. This also applies to the part covering your education and training. You can also use the European Curriculum Vitae/Europass CV. Pre-printed application forms: If there are problem areas in your career history (e.g. previous convictions), leave the relevant boxes empty. Where you are asked to indicate the salary you would like, enter subject to agreement. Enclose a curriculum vitae. 2 FINDING ACCOMMODATION TRASLADO A OTRO PAÍS You can find information on available apartments and other kinds of property in newspapers (e.g. the Kurier especially the weekend editions), from estate agents (which you can find in the business telephone directory under real estate (Immobilien)) and on various Internet sites. City authorities and local councils also offer information on vacant accommodation. The average cost of accommodation (rent, repayment/annuities in the case of owned apartments and operating costs) is lowest in Burgenland (2010: EUR 4.28 per square metre), and highest in Salzburg (2010: 6.21 per square metre). The rent per square metre depends on many factors such as proximity of good communications and transport, infrastructure, residential area, and fixtures and fittings. Inner city locations and locations in the outer suburbs with good transport links and infrastructure are expensive. Smaller apartments are frequently more expensive per square metre than larger ones. Operating costs (about 25% of the net rent) and heating, gas, and electricity charges also have to be taken into consideration.

3 Rents for the majority of primary leasehold apartments and local authority and housing association apartments are regulated throughout Austria by the Landlord and Tenant Act, (Mietrechtsgesetz) which, among other things, categorises primary leasehold apartments (older buildings) according to their installations (heating, WC in the corridor or in the apartment, hot water supply, etc.), and also sets upper limits for rents and standard rental rates, periods for giving notice, etc. As a general rule, single-family houses are not covered by the Landlord and Tenant Act. However, they are still subject to legal requirements for periods of notice. Before you conclude a lease or purchase contract, you should approach an appropriate advice service (e.g. Tenants Association (Mietervereinigung), Association for the Protection of Tenants (Mieterschutzverband), Consumer Information Association (Verein für Konsumenteninformation), Chamber of Labour (Arbeiterkammer)) in order to have your lease or purchase contract checked for legality. FINDING SCHOOL For the care of young children (aged six months to six years maximum), there are child minders (Tagesmütter) and nurseries (Kinderkrippen). Most larger municipalities have kindergartens (3-6 years maximum) and primary schools (Volksschule or Grundschule). In rural areas, there is usually a junior secondary school (Hauptschule) or cooperative intermediary school (Kooperative Mittelschule) (secondary level 1) in the nearest town. If you opt for a higher general secondary school (allgemeinbildende höhere Schule (AHS)), for example a grammar school (Gymnasium) (secondary level 1 and 2), or a vocational school, for example a commercial school (Handelschule) (secondary level 2), you can sometimes expect fairly long travel times in rural areas. In cities there is an extensive network of schools, in provincial (Land) capitals and in Vienna there are academies, higher technical colleges and universities. 3 You can obtain information on local child minders, nurseries and kindergartens from the relevant local council or the municipal district office (in towns). You can also obtain information on schools in your area from local councils, municipal district offices, Land education boards, school advisory centres and educational psychology establishments and from online school guides. Many schools have a website where you can find basic information on the aims of the school, its educational philosophy, curricula, enrolment procedures, etc.

4 Questions regarding available school places, recognition of educational qualifications, and grading are best discussed with the educational establishment of your choice (preferably the principal). Taking a car with you (includes information on driving licences) The implementation of the principle of free movement of people, is one of the cornerstones of our European construction, has meant the introduction a series of practical rules to ensure that citizens can travel freely and easily to any Member State of the European Union. Travelling across the EU with one s car has become a lot less problematic. The European Commission has set a series of common regulations governing the mutual recognition of driving licences, the validity of car insurance, and the possibility of registering your car in a host country. Your driving licence in the EU There is currently no common EU driving licence in place, but the EU Member States have introduced a Community Model driving licence. This common model ensures that driving licences issued by different EU countries are easily recognised in other Member States. A principle of mutual recognition is generally applied. The licence is issued in accordance to national law, but should incorporate provisions concerning the Community Model, such as the basic conditions to be granted a licence. 4 Old driving licences issued before 1996 do not have to be exchanged for the new Community Model driving licence and remain valid until their expiration. If an EU citizen takes up residence in another Member State, it is not necessary to exchange the driving licence, although many often do for practical reasons. Also, some Member States require that additional data be entered onto the licence to fulfil certain administrative requirements. In the event of expiry, loss or theft, a new driving licence can be issued in the Member State of residence, in accordance to national conditions. Citizens should contact the competent authorities. REGISTERING YOUR CAR IN THE HOST COUNTRY In the event you reside in another EU Member State and drive your car there for more that six months, you will be obliged to register the car with the local authorities and pay the host country s registration tax.

5 Car Insurance EU citizens can insure their car in any EU country, as long as the chosen insurance company is licensed by the host national authority to issue the relevant insurance policies. A company based in another Member State is entitled sell a policy for compulsory civil liability only if certain conditions are met. Insurance will be valid throughout the Union, no matter where the accident takes place. Taxation Value Added Tax or VAT on motor vehicles is ordinarily paid in the country where the car is purchased, although under certain conditions, VAT is paid in the country of destination. More information on the rules which apply when a vehicle is acquired in one EU Member State and is intended to be registered in another EU Member State is available on the link "Motor vehicle tax". REGISTRATION PROCEDURES AND RESIDENCE PERMITS Within three days of taking up your apartment, house or room in Austria, you must register with the relevant authority (registration office (Meldeamt) of the Federal Police Service (Bundespolizeidirektion) in towns and cities with a Federal Police administration; in Vienna, at the Registration Service (Meldeservice) of the appropriate municipal district offices (Magistratisches Bezirksamt); in smaller communities, at the local council offices (Gemeindeamt)). 5 You must bring with you: a completed residence registration form (Meldezettel), passport, birth certificate and residence registration forms for all other places of residence. You can obtain the Meldezettel from the relevant registration authorities, or on the Internet. EU/EEA citizens/swiss nationals and their families (with EU/EEA citizenship/swiss citizenship) do not require a residence permit to enter Austria and take up residence; they are exempted from visa requirements and are free to settle where they please. This means you may stay in Austria for up to three months (if you can show that you are looking for work) without any further formalities (but you must be in possession of a valid passport or identity card). If you wish to stay longer in Austria, however, you must have health insurance and sufficient funds to support yourselves and your relatives, and be able to demonstrate that you are in employment, are self-employed or are undergoing training in Austria. The appropriate authority must be notified of residence within 4 months of arrival in Austria. The authority issues a right of residence document (Anmeldebescheinigung). Citizens of EU/EEA countries may in addition apply for a Lichtbildausweis für EWR-Bürger (official identification with photo for EEA citizens). The Lichtbildausweis counts as proof of identity.

6 Special arrangements apply to privileged third-country nationals, i.e. dependents of EU/EEA nationals/swiss citizens who do not themselves possess EU/EEA/Swiss citizenship. CHECKLIST FOR BEFORE AND AFTER YOU ARRIVE IN A COUNTRY Before leaving for Austria: Obtain information on the labour market and on employment opportunities in the target region: (Austrian Public Employment Service (Arbeitsmarktservice Österreich)) and (EURES homepage). Prepare the following documents: Passport or identity card: even minors need one of these. Children entered on a parent s passport are currently allowed to remain on it until the parent s passport expires. Take other personal documents (e.g. birth certificate, marriage certificate) with you. Obtain E forms (forms standardised throughout Europe for the recognition and certification of data relevant to your social and employment situation) for yourself and your family. Form E 303 (U2) and E 301 (U1): have ready form E 303 for EEA countries or U2 for EU countries in order to transfer your entitlement to unemployment benefit from the country of origin if you are looking for work in the target country and documentation of periods of employment needed in order for benefits to be granted in the event of unemployment (E 301 for EEA countries, U1 for EU countries). Both forms are issued or confirmed by the responsible authority in the country of origin (in most cases the employment service). Prepare your E card or comparable form (E 111) or other insurance protection for stays abroad. Prepare motor-vehicle documents: driving licence, registration. (See also: Taking your own car with you when moving to another Member State) Prepare certificates, diplomas, confirmation of past employment, references (originals and translations). Prepare a curriculum vitae and an application in German. Take with you your children s qualifications and school attendance statements translated into German, as these will help to place your children as quickly as possible into the right school grade. 6 In addition:

7 Organise accommodation (a room, apartment, etc.) or make hotel reservations. Make sure you have enough funds to cover costs arising in the first month (rent, living expenses, etc.). Obtain sickness and accident insurance in Austria. Inform the authorities in your country of origin (registration authority, school, etc.) of your move. Organise pet passports for domestic animals. After arrival in Austria: Open a bank account. Re-register your car. Report to the finance office responsible (tax, family allowances). Register for gas and electricity, telephone, television and radio. Register your children with the selected school (make contact with the school). Hand in your right of residence document to the administrative authority (local district administration offices (Bezirkshauptmannschaft), municipal district offices (Magistratisches Bezirksamt)) if you intend to stay longer than three months. Reporting your residence in Austria: Report within 3 days of moving to Austria to the registration authority responsible. If you already have a job: 7 Report immediately to your place of work. When you start work obtain confirmation of your registration for social insurance. Your employer must take care of the registration for social insurance. The following applies to part-time employees, new self-employed persons (Neue Selbständige) and self-employed persons: Register yourself and your family members at the appropriate social insurance office in Austria. You will receive a social insurance number and E card. If you are looking for a job: Report to the regional office of the Austrian Employment Service (AMS) within the period specified using form U1 or U2 or E 301 or E 303.

8 CONDICIONES DE TRABAJO KINDS OF EMPLOYMENT In Austria, anyone can take a job from age 15 on. Until then, all young people are required to attend school. Young people up to age 18 are covered by child and youth protection legislation. Part-time working is widespread in trade. Seasonal work is common in tourism and the hotel and catering trade in cities and tourist areas. In the building trade, fixed-term employment contracts are also possible. Freelance service and work contracts are replacing conventional employment contracts in all fields of employment. Nevertheless, the conventional contract of employment in a permanent employment relationship with all its rights (leave entitlement, protection against dismissal, social insurance, etc.) and obligations continues to be the usual form of employment contract. Independent (freelance) contractors (e.g. language instructors) enjoy limited protection under labour legislation, but apart from one or two minor details full social insurance. From they are also subject to unemployment insurance. They pay Chamber of Labour fees (compulsory membership of the Austrian Chamber of Labour) and are covered by the employees provident fund (MitarbeiterInnenvorsorge) ( Abfertigung neu ( new severance pay )). But: in the absence of a specific agreement between client and freelance contractor, freelance workers have no claim to statutory benefits such as periods of notice, holiday pay, etc. 8 Minimally employed (geringfügig beschäftigte) workers (monthly income not exceeding EUR in 2011) are covered by accident insurance. The employer must register this part-time employment with the health insurance provider. Voluntary health and pension insurance is available, to be paid for by the minimally employed worker. Under labour legislation (protection against dismissal, severance pay, etc.) minimally employed workers are treated in the same way as employees in permanent employment. Exception: If the working hours amount to one fifth of a normal working week (e.g. 8 hours in the case of a 40-hour week), the notice period is only 14 days unless agreed otherwise. Such contracts are on the increase in some sectors (e.g. distribution). The heading new self-employed workers covers all commercial activities for which a trade licence (Gewerbeschein) is not required (e.g. writers, consultants, translators, lecturers, psychotherapists). The new self-employed have to report their activity to the Social Insurance Institution for Trade and Industry. They are covered by sickness, pension and accident insurance. Since 1 January 2009, self-employed persons have been able to insure themselves against the risk of unemployment under an opt-in model. Part-time employees have the same insurance protection (sickness, accident, unemployment and pension insurance) and are subject to the same statutory provisions as workers and clerical workers in permanent employment relationships.

9 The same applies to fixed-term employment contracts, although there are no periods of notice since the employment relationship ceases at the end of the contract. Apprentices (trainees) in all sectors must conclude their contracts of employment in writing; they enjoy full insurance protection (sickness, accident, unemployment and pension insurance) and have special protection against dismissal. Seasonal workers in the hotel and catering trade are subject to special provisions regarding their working time; there is full social insurance protection. Agency workers enjoy full insurance protection, but are to some extent covered by statutory provisions specific to them (e.g. short-term dismissal protection). Voluntary workers have trainee status. They are under no obligation to perform work and have no claim to remuneration. EU/EEA and Swiss citizens basically enjoy the same rights as Austrians, except where legislation governing the employment of foreign nationals provides otherwise. EMPLOYMENT CONTRACTS 9 A contract of employment may be concluded in writing, verbally or implicitly (e.g. commencement of the activity with subsequent payment). Apprenticeship agreements must be concluded in writing. Legally, a distinction is made between a contract of employment (Arbeitsvertrag), a freelance contract (freier Dienstvertrag or freier Arbeitsvertrag) and a contract for works (Werkvertrag). If no written contract of employment is concluded, employees and independent (freelance) contractors receive a statement of terms and conditions (Dienstzettel) immediately on commencement of the employment relationship. A Dienstzettel must contain the following information: name and address of the employer; name and address of the employee; date on which the employment relationship began; normal place of work; any classification in a general system; intended assignment; basic salary or wages; any additional emoluments (e.g. bonuses); date payable; annual leave entitlement; contractual normal daily and weekly working hours; indication of the collective agreement or works agreement applicable; period and term of notice. If the employment relationship is for a defined period, the Dienstzettel must also state the date when the employment relationship is to end. Changes to the contract of employment may not be less favourable to employees than

10 the provisions of existing legislation, collective agreements or works agreements. Illegal or unfavourable changes should be reported to the works council, the Chamber of Labour or the trade union. Special provisions apply to contracts for works (Werkverträge). SELF-EMPLOYMENT If you want to start a business, take over an existing business or set up a franchise operation, you should first seek advice from the Chamber of Commerce in your province, which will provide valuable tips and extensive advice and support for the successful launch of your business. Guide for Business Start-Ups of the Austrian Chambers of Commerce: Guide for Business Start-Ups of the Austrian Chambers of Commerce: In any case, before doing anything you should consider your objectives, market opportunities, form of enterprise, location, costs and financing, assistance schemes available, and so on. If you start your business to pursue a trade, you must apply for a licence to trade from the trade supervisory authority, and you will probably also need an operating permit for a business establishment. In addition, you must apply for a tax reference number for your business activity from the competent Finance Office, and you must register with the Social Insurance Institution for Trade and Industry (Sozialversicherungsanstalt der Gewerblichen Wirtschaft) to be covered for sickness, accident and pension insurance, as well as unemployment insurance if desired. Any employees must be registered with the appropriate district health insurance fund. 10 If you wish to take over a business as its new owner, apply to the Nachfolgerbörse für JungunternehmerInnen (Succession exchange for young entrepreneurs): You can obtain an overview of assistance schemes at: You can find more start-up advice services at: ng.aspx For women:

11 REMUNERATION Employees receive remuneration for the services specified in their contract of employment. The legislator classes as remuneration anything provided by the employer which can be understood as being a consideration for the services performed by the employee. It includes wages (manual workers), salaries (clerical or white-collar workers) and apprenticeship allowances (apprentices). The amount of remuneration is governed by laws, collective agreements and/or internal works agreements; it also depends on individual factors such as age, qualifications, working hours, assignment to duties (position), etc. Minimum wages are set by law and/or by collective agreements and/or by works agreements for individual trades and industries and/or individual plants. Collective agreements are written agreements with the force of law governing working hours, working conditions, remuneration, etc., negotiated between workers representatives, e.g. trade unions, and employers representatives (e.g. Industriellenvereinigung (Federation of Austrian Industry)). Works agreements are written agreements concluded between employers and the works council in order, for example, to establish legal rules but also to set remuneration for the plant in question. In most cases remuneration is transferred to a salary account on the last day of the month or on the first day of the following working month. In some cases workers receive their wages weekly by cheque or in cash. 11 In most cases, remuneration is paid 14 times a year: 12 monthly salary payments plus one month s pay in the form of a Christmas bonus and one month for a holiday bonus (special payments). Taxes, social insurance contributions and other deductions (e.g. union contributions) are deducted from gross pay and withheld by the employer, who then transfers them to the relevant institutions (finance office, social insurance institution, etc.). With their pay each month, employees receive a written statement of remuneration, their payslip, which contains a precise breakdown of deductions (taxes, social insurance, legally required and voluntary contributions, e.g. trade union dues). If an employee leaves the firm, he/she also receives a payslip (final statement), which, for example, also contains severance entitlements. Freelance contractors are paid for the duration of their work assignment. In the absence of any specific agreement, they are not entitled to pay rates fixed by collective agreement or special payments. They are, however, entitled to a statement of terms and conditions (Dienstzettel), in the absence of a written contract. If their contract continues for a longer period, they receive their remuneration monthly. Freelance contractors have to make their own arrangements for payment of taxes. Social insurance contributions are paid by freelance contractors and employers. Social insurance contributions are deducted and paid over by employers. There is no minimum wage. Under the

12 Abfertigung neu (new severance pay) arrangements, freelance contractors are in the same position as employed persons; they are members of the Chamber of Labour and pay fees to it. In contrast to a freelance contract, a contract for works and services arises from the supply of a particular service (the work assignment). Remuneration is normally paid after the contract has been fulfilled. For this kind of contract there is no entitlement to pay rates fixed by collective agreement or to special payments. Persons covered by a contract for works and services have to make their own arrangements for payment of taxes and social insurance contributions. You can obtain free legal advice from the Chambers of Labour, trade unions and the Chamber of Commerce (responsible, for example, for contractors) Texto editado por última vez: 01/2011 WORKING TIME The Working Time Act (Arbeitszeitgesetz) applies to almost all private-sector employees over the age of 18. Normal working time is: 12 an eight-hour working day (working hours within a 24-hour period) a 40-hour working week (working hours from Monday to Sunday inclusive) Collective agreements in many industries have shortened the working week, for example to 38 hours. Exceptions: a collective agreement may extend the normal working day to 10 hours. To obtain a longer continuous period off work (e.g. long weekend), the normal working day can be extended from eight hours to the maximum of nine hours/day. Under certain conditions, a 4-day week (4 x 10 hours) is possible. Many collective agreements stipulate that the normal working week must be achieved on average over a specific period (up to one year, but longer in individual cases), but may be higher or lower in certain weeks (e.g. tourism, the hotel and catering trade, distribution). Breaks and rest periods: If continuous working time amounts to between six and nine hours, workers must be allowed a break of at least half an hour. If the working day amounts to more than nine

13 hours, workers must be allowed a break of at least 45 minutes. This break is not paid and is not counted as part of total working hours. At the end of the working day, employees are entitled to an uninterrupted rest period of at least eleven hours. The weekly rest period is governed by the Rest Periods Act (Arbeitsruhegesetz). Employees are in principle entitled to an uninterrupted rest period of 36 hours which begins at 1 pm on Saturday and includes Sunday (weekend break). Here too there are exceptions to these arrangements. Part-time work: Part-time employees may not be discriminated against compared to full-time employees simply because they work part-time. Extra work is classed as any working time between the contractually agreed working time (e.g. 25 hours) or the working time reduced by a collective agreement (e.g. 38 hours) and the normal statutory working time. If the normal statutory working time is exceeded, this constitutes overtime work. A statutory premium of 25% is applied to extra hours (but only on the condition that the time off has not been used up within the quarter or within another agreed three-month period). Shift work: For shift work, the job is performed by several different workers over the course of a set period. Under certain conditions, a shift of up to 12 hours is possible. 13 Flexi-time: Where it is possible, within an agreed framework, for employees to decide when their normal working day starts and finishes, this is known as flexi-time. The employee must be at work within the specified block or core hours. The flexi-time must be set down in a works agreement or a flexi-time agreement. Night work: Since 2002 both men and women have been allowed to work nights on equal terms. Only pregnant women, nursing mothers and young people below the age of 18 are not permitted to work nights. Overtime: Overtime is accrued if the normal working time (8 hours a day or 40 hours a week) is exceeded. According to the Working Time Act, overtime is to be remunerated with a financial bonus or time credit.

14 LEAVE (ANNUAL LEAVE, PARENTAL LEAVE ETC) Employees have a minimum entitlement to paid annual leave of five weeks in each year of work. When calculating leave according to working days (incl. Saturday) you are entitled to 30 days leave in each year of work. After 25 years of service this entitlement increases to six weeks. The working year commences on the date the employee started work in the job. Minimally employed workers and part-time workers have the same entitlement as full-time employees. In addition to their normal pay, many employees also receive a holiday bonus (the 13th month pay cheque) at the same level as the normal monthly salary, but taxed at a lower rate. In the first six months of your first year of employment, your leave entitlement is calculated in proportion to the time worked. From the start of the seventh month, you receive the full leave entitlement; from the second year of employment, the full leave entitlement accrues from the beginning of the working year. You must agree with your employer when you may take your leave; your employer must give his consent. Should you fall ill for more than three calendar days whilst on leave, these days do not count as leave. However, you must report your illness to your employer immediately after 3 days absence, and provide a medical certificate. 14 Disabled employees and young persons are not in principle entitled to more leave, except when stipulated in collective agreements or works agreements. The following count as public holidays: 1 January (New Year), 6 January (Epiphany), Easter Monday, 1 May (State holiday), Ascension, Whit Monday, Corpus Christi, 15 August (Assumption), 26 October (National Holiday), 1 November (All Saints), 8 December (Immaculate Conception), 25 December (Christmas) and 26 December (St Stephen s Day). For members of the Evangelical Church (Augsburg and Helvetian Confessions), the Old Catholic Church and the Methodist Church, Good Friday is also a holiday. Sickness and continued remuneration: The principle of continued remuneration ensures that, in the event of sickness, industrial accident and occupational illness and during rest cure and convalescence leave, your remuneration will continue to be paid. How long you continue to be paid depends on your seniority, and different regulations may apply for white-collar workers and manual workers. After that, you receive sick pay from your health insurance provider. The amount of sick pay depends on your earnings in the last month before your illness and the amount of continued remuneration paid to you. As an employee you are obliged to inform your employer as soon as you become incapacitated for work. Maternity: The protection period (Mutterschutz) for expectant mothers normally begins eight

15 weeks before birth and ends eight weeks thereafter. During this time the mother may not be employed at all. During the protection period the employment relationship continues to exist, i.e. salaries and wages continue to be paid and the mother receives a maternity allowance subject to prior employment in a service relationship or simply the possession of regular health insurance cover. From , freelance contractors also receive a maternity allowance. Parental leave: Mothers and fathers are entitled to parental leave (= release from work in return for suspension of wages/salary) until the child reaches a maximum age of 3, provided they live in the same household as the child. The minimum period of the parental leave is two months. During this time, and provided the conditions are satisfied, childcare allowance (Kinderbetreuungsgeld) may be drawn. From 1 January 2010, parents whose children were born after 30 September 2009 may choose from 5 models of childcare allowance. One model is income-based. You are protected from dismissal for up to four weeks after the parental leave ends. Educational and study leave: If educational or study leave is agreed between and , it may be taken after 6 months of uninterrupted employment rather than 12 months as was previously the case. The minimum period has been reduced to 2 months. If education or study leave is taken in parts, each part now has to last just 2 months. As before, it is possible to take study leave in individual periods spread over up to 4 years. There may be a maximum of 12 month s paid educational or study leave. 15 Wages and salary will not be paid during this period, but the employee will receive a further training allowance from the Employment Service (AMS) equivalent to the level of unemployment benefit to which they are entitled. The employee must participate in a further training measure of at least 20 hours per week. Caring for a relative at home: If you have to care for a member of your family living in your household, you may be given time off work and continue to receive your pay, under certain conditions. Timeoff for care responsibilities is granted for one week. One further week per calendar year is possible if a child who requires care has not yet passed the age of 12. Compassionate leave: Employees may take compassionate leave in order to care for severely ill children or to be with dying relatives or may reduce or rearrange their working hours in such cases.

16 ENDING EMPLOYMENT Probationary period: during the probationary period a contract of employment may be terminated by the employer or by the employee at any time without giving reasons. The probationary period is in principle one month (apprenticeship: three months). Termination of a fixed-term contract: employment ends automatically when the term of the contract has expired. Termination by mutual consent: when an employee and an employer end an employment relationship by mutual consent, no period of notice is required. It may be terminated verbally or in writing. Written termination is recommended. Unilateral termination: notice can be given verbally, in writing or implicitly (handover of work papers). No reason for termination need be given. Periods of notice and deadlines in the event of termination by the employer: for white-collar workers: at least six weeks (to the end of the calendar quarter unless otherwise specified in employment contracts and collective agreements). 16 for manual workers: two weeks in accordance with the Civil Code (Allgemeines Bürgerliches Gesetzbuch (ABGB)); longer periods of notice are usually stipulated in collective agreements and works agreements. Periods of notice and deadlines in the event of termination by the employee: for white-collar workers: one month (to the last day of the month); for manual workers: two weeks (ABGB), unless agreed otherwise. Notice may be given in writing; no reasons need be given. Dismissal: Dismissal terminates an employment relationship with immediate effect. There must be a reason for dismissal (e.g. persistent neglect of duties). Dismissal may be effected verbally, in writing or implicitly. Even an unjustified dismissal terminates an employment relationship with immediate effect; on the other hand, you can complain to the labour and social security court. Resignation: Resignation also terminates a relationship of employment with immediate effect. This option is open to employees, for example in the case of gross neglect of duty by an employer. When an employment relationship is terminated, an employee is entitled to receive his/her work papers and payment of outstanding monies. Work papers are: salary

17 statement, certificate of employment; deregistration from the health insurance fund; confirmation of work and remuneration; pay slip (L16); testimonial. NB: further information can be obtained from the works council, Chamber of Labour, or trade union. Altersteilzeit (part-time employment in old age): This offers older employees the possibility of reducing their working time by up to 60% without loss of pension entitlement. The Employment Service (AMS) provides up to 80% of the employee s previous income. The minimum age at which older employees could opt for this facility in 2011 is 53.5 years for women and 58.5 years for men. Pension: Persons born before 1 January 1955: Women can retire at 60, men at 65. Entitlements built up must represent either 180 insurance months within the last 360 calendar months or 180 contribution months (e.g. by back-purchases of entitlements for school and study periods) or 300 insurance months without deferral. Persons born on or after 31 December 1954: Women may retire at age 60 (until 2024) or at age 65 (from 2033), and men at age 65. There is a further option for this group: they may retire when they have accumulated 180 insurance months from (or previous periods bringing up children), of which at least 84 months must have been in employment. 17 Termination of employment on grounds of invalidity: There are different rules for white collar workers, manual workers and self-employed persons related to age and circumstances: the term used for invalidity differs depending on the employment category: Berufsunfähigkeit for white-collar workers; Invalidität for manual workers; Erwerbsunfähigkeit for self-employed persons. REPRESENTATION OF WORKERS Trade unions: In Austria trade unions have a long tradition and are politically influential. The 13 unions are organised in the Österreichischer Gewerkschaftsbund (ÖGB) (Austrian Trade Union Federation). There are also regional organisations. In Austria some 1.4 million employees are trade union members. A worker becomes a member of a union on application. For employees, union contributions are deducted directly from their pay. Membership of a union arises from occupational activity and the fact of belonging to an industry. Trade unions represent the political, economic and social

18 interests of employees vis-à-vis employers, the government and the political parties. The tasks of the Austrian Trade Union Federation include negotiation of collective agreements, inter-enterprise co-determination in the context of the economic and social partnership, implementation of social improvements, safeguarding social standards, safeguarding real wages, consultation of members as required by law, and so on. The Chambers of Labour: These represent some 3 million employees throughout Austria. Membership is compulsory. The contribution to the Chamber of Labour, the Arbeiterkammerumlage, is deducted automatically from pay and amounts to 0.5% of gross wages. The Chamber of Labour, like the ÖGB, represents the social, economic and political interests of employees vis-à-vis employers, the government and the parties. Among the services offered directly to employees are advice on labour law, legal representation in the labour and social security court (cooperation with the ÖGB), employee protection, protection of apprentices and young people, advice on social insurance matters and wage accounting and tax matters, consumer protection, and a large number of training and continuing training arrangements. The Chamber of Labour operates through provincial organisations, which are grouped in the Federal Chamber. The Chamber of Labour also has considerable political influence in Austria and is an important pillar of the economic and social partnership. The works council: Employees are in principle represented in the firm or plant by works councils. The primary role of the works council is to represent the workforce (= employees) vis-à-vis the business owner. The works council is elected by the employees of a business. A works council may be established where the size of the business consistently exceeds five employees. Works councils are used, for example, for unilateral terminations or recruitment, and provide employees with information in matters of labour law. 18 The interests of self-employed persons are represented by professional organisations, chambers (Apothekerkammer (Chamber of Pharmacists)), associations and federations (Industriellenvereinigung (Federation of Austrian Industry)). You can obtain further information from the Wirtschaftskammer Österreich (Austrian Federal Chamber of Commerce) and its provincial organisations. LABOUR DISPUTES - STRIKES The law governing labour disputes (strikes, boycotts and lockouts) is contained in the Labour Constitution Act (Arbeitsverfassungsgesetz), yet both strikes and lockouts have elements which can be classed as criminal offences. Any industrial action which contains a demand as its goal in principle fulfils the conditions for coercion (Section

19 105 of the Criminal Code (Strafgesetzbuch StGB)), in some cases also those for threatening behaviour (Section 107 of the Criminal Code). Nevertheless, prevailing legal opinion is that criminal law is not applicable to labour disputes. It is still a fact, however, that strikes and lockouts are essentially illegal actions and in most cases represent a breach of a contract of employment. Because of the complex legal position as regards strikes and lockouts, if you take part in a strike or are affected by a lockout, you should seek advice from representatives of the Chamber of Labour or a trade union. For other kinds of labour dispute (e.g. bullying), you should consult a trustworthy person at your place of work (e.g. the works council) or approach the Chamber of Labour or the trade unions, which have special bullying counsellors. In Austria there is no great tradition of strikes and lockouts. Most labour disputes (pay rises etc.) are resolved around the table by bodies representing the interests of the parties (Chamber of Labour, trade union, Chamber of Commerce, etc.). SEGURIDAD SOCIAL Y SEGUROS 19 THE SOCIAL SECURITY SYSTEM IN THIS COUNTRY The social security system covers the following circumstances: Sickness, social welfare, incapacity for work, invalidity, maternity, unemployment, old age, death of a person liable to provide maintenance, survivors pensions, nursing care and poverty. Typical characteristics of social insurance are: insurance is compulsory for persons who are either self-employed or in paid employment and their dependants; insured persons are legally entitled to some but not all benefits (once the conditions for entitlement have been fulfilled); funding comes principally from income-related insurance contributions and State support. The principle of solidarity applies: those with higher incomes who therefore pay higher social insurance contributions help to fund benefits for those in less favourable circumstances i.e. with lower incomes. Some groups (minimally employed workers etc.) are only subject to compulsory insurance in limited areas, e.g. accident insurance (see section on types of employment). Sickness insurance (prevention, sickness, maternity, nursing care) is administered by the sickness insurance funds, accident insurance by the General Accident Insurance Institute (Allgemeine Unfallversicherungsanstalt), unemployment insurance by the Employment Service (Arbeitsmarkt Service (AMS)), pensions and insurance by the

20 Pension Insurance Office (Pensionsversicherungsanstalt). The coverage of the sickness insurance funds is evident from the place of work (sickness insurance funds are organised regionally according to provinces (Bundesländer). Self-employed persons, farmers, railway employees, miners and civil servants have their own social insurance institutions which are independent of their place of work. All insurance bodies are devolved into provincial and to some extent district agencies and are grouped centrally in the Hauptverband der Österreichischen Sozialversicherungsträger (Association of Austrian Social Insurance Institutions). As an employee with an employment contract and statement of terms and conditions (Dienstzettel) you are automatically covered by social insurance. Your employer takes care of your registration with the insurance institutions. The insurance contributions to be paid by employees are deducted every month from their gross salary/gross wages by their employer. Persons insured voluntarily and, for example, the self-employed, pay their own contributions and must register with the appropriate insurance bodies themselves. In addition to social insurance, there is the system of social assistance/means-tested minimum income: Social assistance/minimum income in Austria is intended to plug the gaps in other areas of social insurance. EU/EEA citizens can apply for social assistance/minimum income to the local council office (Gemeindeamt) for their place of residence, or, in towns and cities, to the municipal office (Magistratisches Bezirksamt) (social services department). From , the social assistance system will be replaced by the means-tested minimum income system. Ask your local council or the municipal district office whether your province has changed over to the means-tested minimum income system already. 20 UNEMPLOYMENT INSURANCE The main benefits available under unemployment insurance are unemployment benefit and emergency assistance. These and other benefits in connection with unemployment and assistance in returning to working life are provided by the Austrian Employment Service (Arbeitsmarktservice Österreich (AMS)). Transferring entitlement to benefits from other EU/EEA countries and Switzerland: If you wish to transfer an entitlement to unemployment benefit from another EU country to Austria while looking for work in Austria, you first have to contact the appropriate employment service in your country of origin, apply for unemployment benefit there and complete form U2 ( Portable Document U2) or E 303 and have it

21 confirmed. This form also contains the deadline for reporting to the regional office in Austria. After you have reported to the appropriate regional office of the Austrian Employment Service (AMS), the foreign employment service will immediately be informed that you are registered as seeking employment in Austria. This means that the foreign employment service can make payments to you. If you have not found a job in Austria within the specified period, then your entitlement to benefits will only be protected if you return to your country of origin immediately and promptly. Please pay close attention to the information that you receive on this in your country of origin. Unemployment benefit: You will receive unemployment benefit in Austria if: you were in employment subject to compulsory unemployment insurance in Austria for at least 26 weeks during the past 12 months (in the case of those aged up to 25) or you were in employment subject to compulsory unemployment insurance for at least 52 weeks during the past two years (in the case of a first claim for unemployment benefit by someone aged 25 or over) you were in employment in Austria for at least 28 weeks during the past year (for subsequent claims) However, you may already be entitled to benefits from Austrian unemployment insurance in advance. When the qualifying conditions for eligibility are reviewed, insurance periods accrued in other EU/EEA countries or Switzerland will also be taken into account if you were in employment subject to compulsory unemployment insurance in Austria for at least one day immediately prior to applying ( one day rule ). For this purpose, you must submit forms U1 or E 301, which have been completed by your employment service, to the Arbeitsmarktservice Österreich (Austrian Employment Service). 21 Amount of unemployment benefit in Austria: The basic amount is 55% of the person s net daily income. This is calculated on the basis of the annual assessment base for social security contributions plus appropriate extrapolation factors for one calendar year. Further information can be obtained from your regional office of the Austrian Employment Service (AMS). If you become unemployed, report to your regional office as soon as possible because unemployment benefit is not paid retroactively. Please refer to the application form to see which accompanying documents are required. Further information can be obtained from your regional office. Emergency assistance: If you have exhausted your entitlement to unemployment benefit or childcare allowance (Kinderbetreuungsgeld) and are still unemployed, you can claim emergency assistance as long as you remain available to the placement