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General Collective Agreement „Corona-Test”

  • Austria

    25-01-2021

    Collective Bargaining Agreement concerning employment law and operational measures for the implementation of COVID-19-Tests

    The “General Collective Bargaining Agreement „Corona-Test“ enters into force on January 25, 2021, and is valid until August 31, 2021. General Collective Agreements are concluded between the Austrian Trade Union Federation and the Chamber of Commerce Austria for all employees of all branches for which the Chamber of Commerce Austria has the capacity to negotiate and conclude collective bargaining agreements.

    Main topics of the general collective bargaining agreement are absence from work due to SARS-COV-2 testing, anti-discrimination measures due to such absence as well as a regulation for the relief of employees who have to wear a mask during professional activities.

    If, due to § 1 (5c) COVID-19-Maßnahmengesetz (COVID-19 Measures Act), employees are obliged to provide a negative test result in order to enter their workplace, the employer is obliged to release the employee from duties for the testing with continued payment of remuneration. This also includes travel to and from the test site. The general collective bargaining agreement however states that the test should be done either on the way home or to the place of work. The choice of the test date should be made by mutual agreement, taking care not to disrupt the work schedule. Permissible rapid tests may expressly be used as an alternative.

    This exemption does not apply to employees on short-time work (Kurzarbeit). Employees who do not have a negative test to enter the workplace, must do the testing outside working hours.

    Employees with a positive test result may according to the general collective bargaining agreement not be dismissed, terminated or discriminated in any other way. Existing regulations shall not be affected by this General Collective Bargaining Agreement if they are more favourable for the employees.

    If employees are required by law or regulation to wear a mask during work, 10-minute breaks are foreseen by the collective bargaining agreement during which they do not have to wear a mask every 3 hours.

    Mag. Silva Palzer

    Partner

    silva.palzer@eversheds-sutherland.at

     

    This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.

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