Factsheet for measure
AT-2020-12/542
– measures in Austria
Mandatory usage of holiday entitlements and time credits
Abbau von Urlaubs- und Zeitguthaben
Background information
When there is a lack of employment in times of crisis, the use of holidays or time credits is a way of coping with the situation. The employee retains his or her job and has no loss of pay. The employer does need liquidity because labour costs do not decrease in the short term. However, he can release provisions and must grant correspondingly less vacation after the crisis.
The variant of using compensation for time off is possible if it is agreed that overtime and overtime work is not paid in money but in free time.
Content of measure
Generally, on the use of holidays, there is an obligation to agree: The use of vacation must be agreed between employer and employee, if possible in writing and documented. Time off in lieu must also always be agreed between the employer and employee.
Exceptionally, the employer can unilaterally order leave and time off if measures according to a the Second COVID-19 Law lead to restrictions on entering holdings and as a result of such measures, services cannot be provided. In this case, the employer can (but does not have to) order the consumption of leave within the following framework:
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Leave entitlement from previous years in full;
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Leave entitlements from the current leave year to a maximum of two weeks;
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In total, a maximum of 8 weeks of leave and time off in lieu can be order unilaterally by the employer.
The Civil Code of Austria (ABGB) was changed accordingly in order to allow for this crisis measure.
Use of measure
Currently no information available.
Target groups
Actors and funding
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Actors
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Funding
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National government
Company / Companies
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No special funding required
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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Consulted
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Consulted
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Form
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Direct consultation outside a formal body
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Direct consultation outside a formal body
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Social partners' role in the
implementation, monitoring and assessment phase:
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Unknown
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Main level of involvement: Peak or cross-sectoral level
Involvement
The social partners were consulted on the COVID-19 laws.
Views and reactions
No reactions identified.
Sources
