AUSTRIA Law and Practice Contributed by: Johannes Edthaler and Christina Hödlmayr, Edthaler Leitner-Bommer Schmieder & Partner Rechtsanwälte GmbH
expressly agree to the termination. A termination is socially unjustified if it affects the employee’s essential interests. If the court rules in favour of the employee in the ter - mination proceedings, the employment relationship is restored retroactively with all rights and obligations. The employee is entitled to retroactive remuneration since the termination of the employment relationship. 8.2 Anti-Discrimination Discrimination in the context of labour law occurs when employees are directly or indirectly discriminat - ed against on the grounds of ethnicity, gender, religion or belief, age or sexual orientation. Discrimination Claims Establishment of the employment relationship If prospective employers flout the principle of equality, leading to an applicant not being hired due to discrimi - nation, the applicant can claim compensation. Determination of remuneration If an employee receives less pay than another employ - ee for the same or equivalent work on the basis of a protected characteristic, he or she is entitled to pay - ment of the difference and compensation for the per - sonal injury suffered (non-material damages). Voluntary social benefits that do not constitute remuneration Employees are entitled to receive the correspond - ing social benefit – ie, an additional benefit from the employer connected with the employment relationship (or compensation for pecuniary loss) as well as non- material damages. In-company education and training Employees can sue for access to an in-company train - ing measure which they were denied, for example on the grounds of gender, or have a claim for compen - sation for pecuniary loss and non-material damages. Career advancement, especially promotions If a company violates the principle of equal treatment and employees are unable to advance profession - ally as a result, they are entitled to compensation for
pecuniary loss. There is also a claim for non-material damages. Other working conditions An employee may not be discriminated against in the provision of working conditions. The discriminated employee is entitled to the same working conditions or to compensation for financial loss. There is also a claim for non-material damages. Sexual harassment Employees have a right to compensation from the harasser, regardless of whether it is the employer, a colleague or a customer. In addition, there is a claim for damages against the company if it has not taken reasonable steps to remedy the harassment. In any case, the employee is entitled to reasonable compen - sation (at least EUR1,000) for the violation of his or her personal dignity. 8.3 Digitalisation The proceedings before the Labour and Social Court have some special features compared to the proceed - ings in “general” civil law cases, which are regulated in a separate law. In response to the COVID-19 pandemic, provisions were temporarily introduced allowing civil case hear - ings, including evidence sessions, to be conducted via video without necessitating in-person attendance. While this regulation underwent multiple extensions, it eventually expired on 30 June 2023. A new amend - ment to the Civil Procedure Act ( Zivilprozessordnung ) has now enshrined the use of video conference during hearings in the law, albeit only in limited cases. Leg - islative guidelines suggest that video hearings should be an exception; notably, with regard to the taking of evidence by video, the existing possibilities are only cautiously expanded. What effect this change in the law will have on labour court proceedings remains to be seen.
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