Austrian It Collective Agreement

The transition to the NEW system is subject to a clear deadline: the changeover to the euro must apply jointly to all employees of a company on the same day. Therefore, the company does not have to process two salary models in parallel, but the OLD remuneration system also applies to new employees until the changeover to the euro. Newly created enterprises or enterprises applying the collective agreement for the first time in industry (e.g. B because they are moving to this collective agreement) must classify their employees according to the new remuneration system. Otherwise, the changeover date (which must be the first day of a given month) must be determined by a shop agreement. If no works council has been set up, the undertaking may set the date, but it must inform the workers in writing no later than three months before the planned passage. Workers must then be transferred to the new remuneration system (in collaboration with the works council if one has been set up) and informed by a new service bulletin no later than four weeks before the date of the changeover to the euro. Under the ArbVG (§2, 2), collective agreements consist of two parts, on the one hand provisions relating to the law of obligations between the social partners and, on the other hand, provisions governing the rights and obligations of employers and workers in the employment contract (normative part). The provisions of Part One refer exclusively to reciprocal rights and obligations and tacit duties and include a duty of peace.

This obligation of peace stipulates that, during the term of a collective agreement, no trade union action may be taken or supported by the signatory parties if they seek to modify the working conditions set out in the collective agreement. In Austria, there is no legal system for setting a single national minimum wage. However, since 2007, the ÖGB and the Austrian Economic Chamber (WKO) have agreed on a minimum value for the collective agreements they sign. In 2007, this was set at €1,000 per month, which was to be reached by early 2009. In June 2017, the two sides agreed on a new target of €1,500 per month, which is expected to be reached by the end of 2019. In Austria, there is a clear division of responsibilities between collective agreements at branch level and company contracts at company level. While the central area of setting wage rates and maximum working hours is essentially reserved for the social partners, the regulatory powers of the social partners are almost always limited to “social affairs”, such as the introduction of computerised staff information systems, the setting of start and end times for daily working time – or the planning of breaks. The only wage-related issues that may fall within the scope of company agreements are wage rights for participation in company meetings, profit-making schemes, occupational pension schemes, etc.

This restriction is intended to ensure the primacy of the social partners throughout the labour regulatory system. As regards the delegation clauses established by collective agreements, certain bargaining capacities in the field of working time and, to a certain extent, salary are delegated to the parties concerned at company level, but only within the framework defined by sectoral collective agreements. From a legal point of view, no clear principle is established for the assessment of the legality and consequences of disputes and, in particular, there is no Supreme Court case law on this subject. . . .

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