Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Suspension of the Announced General Vaccination Obligation

New Order or Decree

Author: Paul Moosmann, Associate – Gerlach Löscher | Littler

The general vaccination mandate, which has been announced and already enacted by law, has been suspended for the time being by means of a decree. This was due to fundamental rights concerns, as the effectiveness of existing vaccines against the newer variants of COVID-19 is considered insufficient to justify compulsory vaccination. However, the discussion has only been postponed, as the underlying law has not been repealed.

Noncompliance with Mask Mandates Does Not Constitute a “World View"

Precedential Decision by Judiciary or Regulatory Agency

Author: Sandra Grasser, Associate – Gerlach Löscher | Littler

In a recent case, the Austrian Supreme Court (OGH) ruled that in the employment relationship (and also in the course of its termination), no one may be directly or indirectly discriminated against on the basis of their “world view” (ideology). In the underlying case, the employee had said that the coronavirus was "about as dangerous as the influenza virus" and that "constitutional laws [should] be respected" and refused to wear the mandatory mask. According to the OGH, these statements do not constitute a world view in the sense of the relevant provisions, which is why the dismissal could not be challenged on grounds of discrimination.

New Penal Sanctions Against Wage Dumping Apply to All Pending Proceedings

Precedential Decision by Judiciary or Regulatory Agency

Author: Markus Löscher, Partner – Gerlach Löscher | Littler

According to ECJ case law, the previous legal situation, according to which administrative penalties could be accumulated (e.g., per employee concerned and per individual violation), was incompatible with EU law. The Austrian Administrative High Court (VwGH) now has also established that the legal changes made in the meantime will also take effect for administrative court proceedings that are already pending. The changes made were insufficient insofar as related penal norms from another law were not adapted accordingly and thus an unplanned legal loophole was created. However, according to the decision of the VwGH, this gap is to be closed by analogy, which ensures that the new provision, which complies with EU law, also applies to proceedings that are already pending.

Substantial Repeal of the “3G”-Requirement at the Workplace, Effective March 5, 2022

New Regulation or Official Guidance

Author: Markus Löscher, Partner – Gerlach Löscher | Littler

With the new regulation of the Ministry of Health, the COVID-19 measures at the workplace were largely abolished as of March 5, 2022. The “3G”-requirement at the workplace, according to which the employer had been responsible for randomly checking whether workers have been vaccinated, have recovered or have been tested, is largely repealed. However, the obligation to provide proof of “3G” remains in place in sensitive areas such as hospitals. Due to the rapidly increasing number of cases in the second half of March, the general obligation to wear a mask at the workplace has been reinstated for the time being. Nevertheless, the employer is no longer obligated to check the “3G”-certificate.

End of Pandemic-related Short-time Work Subsidy

New Regulation or Official Guidance

Author: Paul Moosmann, Associate – Gerlach Löscher | Littler

The state-funded COVID-19 short-time work with full cost compensation for companies expired at the end of March 2022. To make the transition period more manageable for companies and to counteract persistent slumps in demand and supply chain problems, the maximum duration for claiming regular, non-COVID-19 related, state-supported short-time work will be extended by two months. Affected companies can thus claim 85% short-time work subsidy until the end of June 2022 at the latest.