Navigation path

Staff welfare - Austria

Updated 01/2011

Legal requirements

The main legal foundation for social rules in the workplace is the Austrian Civil Code.

  • Austrian Civil Code Deutsch

Social rules

Non-discrimination, equal treatment and gender equality

Equal treatment is protected by a range of national laws. There is also the Equal Treatment Act which bans discrimination based on ethnic background, age, religion, etc.

  • Equal Treatment Act Deutsch

There is a law that bans discrimination against people with disabilities at work and another which bans discrimination in everyday life. Both laws apply to both the public and the private sector.

  • Federal Act on Equality of Treatment for Persons with Disabilities Deutsch
  • Equal Treatment Act Deutsch
  • Federal Act for the Equal Treatment Commission and the Equal Treatment Office Deutsch

Article I. Health and safety at work

There are industrial safety regulations to protect employees. Among other matters, the regulations govern the following:

  • the use of hazardous machines and tools;       
  • exposure to hazardous substances;       
  • the impact on the wellbeing of employees due to working procedures and other influences;       
  • risk prevention measures;       
  • training and testing;       
  • the design of work stations, working environments and sanitary facilities;       
  • working conditions for young people and pregnant women;       
  • working hours and breaks;
  • Labour Protection Act Deutsch
  • List of all key regulations Deutsch

Labour law

Labour law consists of labour contract law, labour relations law and labour protection law.

Contract law

Labour contract law incorporates all legislation governing individual legal relations between employers and employees.

  • Information about labour contract law Deutsch

Labour relations law

Labour relations law (collective labour law) incorporates all legislation governing the structure, function and organisation of interest representation at industry level (trade union law) and company level (labour relations in the workplace).

  • Information about labour relations law Deutsch

Mandatory social rules complete the requirements related to managing staff.

Businesses are free to go beyond the minimum social legal requirements at their own initiative.

Administrative procedures

Non-discrimination, equal treatment and gender equality

Arbitration proceedings

The Federal Social Welfare Office is the central point of contact for all matters concerning discrimination against disabled persons.

  • Federal Social Welfare Office Deutsch

Arbitration proceedings at the Federal Social Welfare Office must be carried out before cases are taken to court. These proceedings delay all deadlines for the assertion of legal claims due to an act of discrimination.

If at the end of the proceedings the Federal Social Welfare Office determines that no agreement can be reached, the case can be taken to court (or the supreme administrative authority in the case of civil servants).

  • Information about arbitration Deutsch

Equal Treatment Commission (GBK)

The Equal Treatment Commission (GBK) is a body that works alongside the Federal Minister for Women and Civil Service. It is tasked with investigating suspected instances of discrimination and producing general reports about discrimination issues.

An application must be submitted to the GBK before it begins proceedings. An application can be submitted by the person concerned, a workers’ council, a special interest group or the Equal Treatment Office. The process is private and confidential as well as being free of charge.

  • Equal Treatment Commission for the private sector Deutsch

Federal Equal Treatment Commission

The Federal Equal Treatment Commission (B-GBK) is a body that works alongside the Federal Minister for Women and Civil Service. It is a special administrative branch of the Federal Government which handles discrimination within the context of working relationships with the Federal Government.

On receiving an application or official instructions, the senate must produce a report outlining whether or not there has been a breach in the equal treatment law. The senate also checks compliance with the law for the prevention of discrimination against women.

  • Federal Equal Treatment Commission Deutsch

Health and safety at work

Workplace evaluation requires employers to determine and evaluate all dangers and health risks existing in the workplace. The results are then used to implement risk prevention measures.

Employers are also expected to remain informed about the latest technology in terms of work equipment as well as the latest findings on work station design. Any costs that may be incurred due to the Labour Protection Act must be covered by the employer.

  • Workplace evaluation Deutsch
  • Labour protection forms Deutsch
  • Labour protection example regulations Deutsch
  • Labour protection reporting obligations (forms) Deutsch     Online government service

Resources

The Austrian Government provides a range of information about equal treatment laws.

  • Federal Minister for Women and Civil Service Deutsch
  • Federal Ministry for Labour, Social and Consumer Protection Deutsch
  • Equal treatment Deutsch
  • ‘Equal opportunities — Equal Treatment Law in Austria’ brochure pdf [478 KB] Deutsch
  • Sexual harassment Deutsch
  • Work and disability Deutsch
  • Equal opportunities Deutsch
  • Equal treatment for persons with disabilities Deutsch

Useful information for people living and working in Austria is available from HELP, the Austrian government help service, or the Business Service Portal USP.

Programmes

There are numerous subsidies and concessions for employers in this area.

  • Subsidies for employers Deutsch

In addition to the existing subsidy programmes provided by the Federal Economic Chamber, the Federal Social Welfare Office also provides special subsidies for persons with disabilities.

  • Subsidies for self-employed persons Deutsch

Subsidies for occupational rehabilitation assistance to make entry into working life easier and help retain and secure existing jobs. The scope of the programme includes assistance for apprenticeships/education as well as carer/interpreting costs.

  • Subsidies for employees Deutsch
  • Subsidies Deutsch

Check also the legislation on this topic in:

  • References

    Legal texts

    • List of all key legal regulations concerning labour law Deutsch
    • Equal Treatment Act Deutsch
    • Federal Equal Treatment Act Deutsch
    • Federal Act for the Employment of Persons with Disabilities Deutsch
    • Federal Act on Equality of Treatment for Persons with Disabilities Deutsch
    • Equal Treatment Commission and Equal Treatment Office Act Deutsch
    • Austrian Civil Code Deutsch
    • Labour contract law Deutsch
    • Labour Protection Act Deutsch

Living and moving in Europe

Still need help?

Still need help?

Enterprise Europe Network - Contact points

The Enterprise Europe Network provides businesses with information and advice through its local contact points. 

Choose your nearest contact point for personalized help and advice:

Further help

The Equal Treatment Office (GAW) provides advice and support to people or their relations who feel that they have been the target of discrimination and guides them through the Equal Treatment Commission proceedings. The office also provides advice to people who want to avoid discrimination (e.g. employers, members of workers’ councils).

  • Equal Treatment Office (GAW) Deutsch

The ombudsman for disabled persons is tasked with providing advice and support to people who feel they have been the target of discrimination. The ombudsman for disabled persons acts independently and does not receive instructions.

  • Ombudsman for disabled persons Deutsch

The Austrian Federal Economic Chamber campaigns for business-friendly policies and makes sure that there is agreement and balance between the interests of various sectors. It also provides its members with professional, expert information.

The Austrian Chamber of Labour represents the interests of employees to industry and the government. In addition to labour/social issues and consumer protection, employment, further education, qualifications and the reintegration of employees into the labour market are the core areas of the chamber’s work.

  • Austrian Chamber of Labour Deutsch

The Public Employment Service Austria (AMS) provides advice for jobseekers as well as free recruitment support for employers and also advises them about grants for their businesses.

  • Austrian Public Employment Service Deutsch
  • Service for employers Deutsch
  • Equal treatment Deutsch
  • Persons with disabilities Deutsch