As of March 28, 2024, the new Labor Contract Law Amendment (BGBl. I No. 11/2024) has come into effect, implementing the EU Directive on Transparent Working Conditions. This amendment introduces expanded minimum content requirements for employment documentation, including job descriptions and written employment contracts (§ 19 Abs. 1 Z. 57 AVRAG). Please note, there is no transition period, the new documents must be prepared according to the new rules after they come into force. The existing contracts (“old contracts”) do not need to be revised.
What is changing?
- Updates for employment contracts: From now on, all new employment contracts must meet the updated legal requirements, even for short-term or occasional employment (§ 33 Abs. 3 ASVG). Contracts signed before March 28, 2024, are not affected.
- Changes in employment details: Employers must provide written notice of any updates to employment terms (§ 2 Abs. 6 AVRAG).
You can download the current templates for employment certificates and contracts via the following links:
https://www.arbeiterkammer.at/mb_dienstzettel
https://www.wko.at/wko-muster-vorlagen
Special Provisions for Certain Employment Types:
- Freelance contractors: New contracts must now include additional information, such as company headquarters and job descriptions (§ 1164a ABGB).
- Foreign assignments: Employees working abroad for longer than a month will require expanded documentation (§ 2 Abs. 3 AVRAG).
- Temporary staff: Specific content requirements are now mandatory according to § 11 AÜG.
Penalties: Failure to provide employment documentation may lead to fines ranging from €100.00 to €2,000.00 (§ 7a AVRAG). A penalty waiver is possible if missing documents are submitted later.
Training and professional development: Training required by law to perform job duties must be treated as working hours, with costs covered by the employer (§ 11b AVRAG).
Right to multiple jobs: Employees are allowed to take on additional employment as long as it does not lead to conflicts (§ 2i AVRAG).
Protection against discrimination and motivated dismissal: Employees exercising their rights are protected from discrimination or dismissal (§ 7, § 7a, § 15 AVRAG).
Questions or clarifications?
We encourage you to familiarize yourself with these new regulations and to make any necessary adjustments to your contracts. If you have any questions, please feel free to contact us.
Source: https://www.vorlagenportal.at/
