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Global employment law briefing: Austria, June 2017

  • Austria
  • Employment law


Changes for older employees and those from abroad

Changes to dismissal protection for employees aged 50+

Austrian employment law includes various protections against dismissal, including for “older employees”.

Currently, the law offers specific protection against dismissal to older employees who are aged 50 or over at the date they commence employment and who remain in employment for at least 2 years.

From 1st of July 2017, for employees aged 50+ who commence employment on or after that date, this protection will be removed. Despite being well-intentioned, in practice this provision has operated as a handicap for older employees looking for work. The change therefore aims to aid labour market access and integration for older employees.

Dismissal protection for older employees already in employment as at July will continue to apply as currently.

Anticipated changes to the Foreign Labour Act

The employment of non-EEA foreigners is subject to the Foreign Labour Act. Accordingly, an employee who wants to work in Austria must meet certain conditions.

Several changes to this legislation are planned later in the year. Most notably, from 1 October 2017, degree qualifications and PhDs will be considered for the purposes of work permit applications - in particular, the “Rot-Weiß-Rot-Card”. Prior to this change, only Masters degrees have been considered for this special kind of work permit.

In addition, the duration of the “Rot-Weiß-Rot-Card” will be extended from 12 months to 24 months.

For more information contact

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