Austria’s hiring-out of labour laws have been amended (BGBl 98/2012). According to the directive, the implementation into national law should already have taken place by 5 December 2011. After a first failed attempt in February 2012 to implement the directive effective 1 July 2012, the implementation has now taken place belatedly, effective 1 January 2013. Furthermore, the new laws on the hiring-out of labour not only implemented the directive, but also stipulated further regulations for temporary work. This text provides an overview of the most important amendments in the new laws.
Leased employees (überlassene Arbeitskräfte) now enjoy the same protection against discrimination as the permanent employees of the user enterprise (Beschäftiger). The equal treatment and the equal status of leased employees are explicitly regulated within the Austrian Hiring-Out of Labour Act (Arbeitskräfteüberlassungsgesetz). This approach shall prevent equal treatment laws (eg Equal Treatment Act (Gleichbehandlungsgesetz), etc.) from being bypassed by taking advantage of the triangular relationship: leased employee – user enterprise – temporary placement agency (Überlasser). Thus, it is possible for leased employees to claim entitlements based on equal treatment laws directly from the user enterprise. Furthermore, leased employees must have access to the amenities and collective facilities in the user enterprise (e.g. canteen, childcare facilities, transport services, etc.). A comprehensive equality of leased employees vis-a-vis permanent employees also applies with regard to remuneration.
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