Global HR
Law Guide
  • Argentina
  • Australia
  • Austria
  • Bahrain
  • Belarus
  • Belgium
  • Brazil
  • Bulgaria
  • Chile
  • China
  • Colombia
  • Croatia
  • Cyprus
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Hong Kong
  • Hungary
  • India
  • Ireland
  • Israel
  • Italy
  • Kazakhstan
  • Latvia
  • Lithuania
  • Luxembourg
  • Mexico
  • Netherlands
  • New Zealand
  • Norway
  • Peru
  • Poland
  • Portugal
  • Romania
  • Russia
  • Saudi Arabia
  • Serbia
  • Singapore
  • Slovakia
  • Slovenia
  • South Korea
  • Spain
  • Sweden
  • Switzerland
  • Turkey
  • Ukraine
  • United Arab Emirates
  • United Kingdom
  • United States
  • Venezuela
Argentina
Ignacio
Ignacio Funes de Rioja Funes de Rioja & Asociados, Argentina
Australia
John Tuck
John Tuck Corrs Chambers Westgarth, Australia
Austria
Birgit Vogt-Majarek Schima Mayer Starlinger, Austria
Bahrain
Zahir Qayum Al Tamimi & Co (Bahrain), Bahrain
Belarus
Darya Zhuk COBALT (Belarus), Belarus
Belgium
Chris Engels
Chris Engels Claeys & Engels, Belgium
Brazil
Jose Carlos Wahle
José Carlos Wahle Veirano Advogados, Brazil
Bulgaria
Borislav Boyanov BOYANOV & Co., Bulgaria
Chile
Enrique Munita Munita & Olavarría, Chile
China
Zheng Xie Fangda Partners, China
Colombia
Catalina Santos Brigard Urrutia, Colombia
Croatia
Emir Bahtijarević Divjak Topić
Bahtijarević & Krka, Croatia
Cyprus
George Z. Georgiou George Z. Georgiou
& Associates LLC, Cyprus
Czech Republic
Nataša Randlová Randl Partners, advokátní kancelář, s.r.o., Czech Republic
Denmark
Yvonne Frederiksen
Yvonne Frederiksen Norrbom Vinding, Denmark
Estonia
Karina Paatsi COBALT (Estonia), Estonia
Finland
Seppo Havia Dittmar & Indrenius, Finland
France
Pascal Lagoutte
Pascal Lagoutte Capstan Avocats, France
Germany
Markus Bohnau Kliemt.HR Lawyers, Germany
Greece
Konstantinos Kremalis KREMALIS LAW FIRM, Greece
Hong Kong
Kathryn Weaver
Kathryn Weaver Lewis Silkin (Hong Kong), Hong Kong
Hungary
Marianna Csabai CLV Partners, Hungary
India
Rohit Kochhar Kochhar & Co., India
Ireland
Ireland - Síobhra Rush
Siobhra Rush Lewis Silkin (Ireland), Ireland
Israel
Orly Gerbi Herzog Fox & Neeman, Israel
Italy
Franco Toffoletto Toffoletto De Luca Tamajo, Italy
Kazakhstan
Yuliya G. Chumachenko AEQUITAS Law Firm, Kazakhstan
Latvia
Toms Sulmanis COBALT (Latvia), Latvia
Lithuania
Žilvinas Kvietkus COBALT (Lithuania), Lithuania
Luxembourg
Guy Castegnaro CASTEGNARO, Luxembourg
Mexico
Jorge De Presno
Jorge De Presno Basham, Ringe y Correa S.C., Mexico
Netherlands
Philip Nabben
Philip Nabben Bronsgeest Deur Advocaten, Netherlands
New Zealand
Peter Kiely
Peter Kiely Kiely Thompson Caisley, New Zealand
Norway
Claude A. Lenth Advokatfirmaet Hjort DA, Norway
Peru
José Antonio Valdez Estudio Olaechea, Peru
Poland
Bartlomiej Raczkowski
Bartłomiej Raczkowski Raczkowski, Poland
Portugal
Inês Reis pbbr, Portugal
Romania
Gabriela Dinu Nestor Nestor Diculescu Kingston Petersen (NNDKP), Romania
Russia
Irina Anyukhina ALRUD, Russia
Saudi Arabia
Zahir Qayum Al Tamimi & Co (Saudi Arabia), Saudi Arabia
Serbia
Milena Jakšić Papac Karanovic & Partners, Serbia
Singapore
Desmond Wee
Desmond Wee Rajah & Tann Singapore, Singapore
Slovakia
Dušan Nitschneider NITSCHNEIDER & PARTNERS, Slovakia
Slovenia
Darja Miklavčič ŠELIH & PARTNERJI Law Firm, Slovenia
South Korea
Sang Wook Cho Yulchon LLC, South Korea
Spain
Iñigo Sagardoy Sagardoy Abogados, Spain
Sweden
Jenny Hellberg Elmzell Advokatbyrå, Sweden
Switzerland
Anne Troillet TROILLET MEIER RAETZO, Switzerland
Turkey
Erim Bener Bener Law Office, Turkey
Ukraine
Oksana Voynarovska Vasil Kisil & Partners, Ukraine
United Arab Emirates
Samir Kantaria
Samir Kantaria Al Tamimi & Co (UAE), United Arab Emirates
United Kingdom
United States
Jeffrey D. Mokotoff FordHarrison LLP, United States
Venezuela
Victorino Márquez D'Empaire, Venezuela
1. Recruitment
1.1 Do advertisements for jobs require any particular wording or details about the job?
Updated by Funes de Rioja & Asociados

There are no legal requirements for the wording of a job advertisement to contain particular details about the job. However, em...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.2 What checks can an employer carry out about the background (including social media checks) and health of job applicants and at what stage in the hiring process? Can employers ask for references?
Updated by Funes de Rioja & Asociados

There are no specific legal restrictions on checks an employer may carry out on job applicants. However, employers must be careful not to discriminate against certain candidates. The employer has the right to check personal, educational and...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.3 Can employment be made subject to a probationary period? If so, how long for?
Updated by Funes de Rioja & Asociados

Probationary periods are allowed only for permanent indefinite-term contracts and m...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.4 Are there special rules about dismissal during a probationary period?
Updated by Funes de Rioja & Asociados

An employer must not use a probation period more than once with the same employee. The employer must also not fill the same position with a succession of employees on probation, as this is considered abusive. D...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.5 Can job applicants bring claims against the prospective employer? What might they claim for?
Updated by Funes de Rioja & Asociados

Job applicants may bring claims for unlawful discrimination against a prospective employer based on pre-contractual liability. If the prospect...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.6 What processes should be followed in employing foreign workers?
Updated by Funes de Rioja & Asociados

Foreign nationals must not work in Argentina without a visa or work permit. In order to evaluate which type of residence applies, at the beginning of any immigration process, the following must be taken into account: the employee’s natio...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.7 What records should an employer keep about the employment of foreign workers?
Updated by Funes de Rioja & Asociados

The following documentation is required from employees: a copy of the employee’s passport; a copy of the Argentinean ID (’Documento Nacional de Identidad’) issued by the Interior Ministry in temporary and permanent residence visas...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.8 Can employers keep their records about candidates they did not hire?
Updated by Funes de Rioja & Asociados

Yes, employers can keep records of candidates they...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.9 What questions can’t employers ask in interviews?
Updated by Funes de Rioja & Asociados

Employers must not ask for any personal or private information that is not relevant to t...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2. Employment Contracts
2.1 What determines whether an individual is an employee or an independent contractor and what is the practical difference?
Updated on 01 April 2020 by Funes de Rioja & Asociados

Under Argentinean law, the circumstances of the employment relationship determine whether a person is an employee or a self-employed worker. The legal, technical and economic circumstances are key factors in determining the existence of an ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.2 Are there any other key distinctions between types of employees (e.g. blue collar, white collar, or sales representatives) and what practical difference does this make?
Updated on 01 April 2020 by Funes de Rioja & Asociados

There are no legal distinctions between types of employees. However, economic dependence is a key factor used to determine employment status and it is t...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.3 Are there any special rules that apply to the employment of company directors?
Updated on 01 April 2020 by Funes de Rioja & Asociados

Contract law governs directors. However, directors may opt out of the social security system. If directors have executive responsibilities, they must be considered as employees. Therefore, many directors...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.4 Are there any rules about part-time employment and do employees have a right to request part-time or flexible arrangements?
Updated on 01 April 2020 by Funes de Rioja & Asociados

There is specific law in Argentina relating to part-time contracts. Employers must not treat part-time workers less favourably than full-time, indefinite-term employees. Part-time workers must not work more than two-thirds of the...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.5 Are there any rules or restrictions on fixed-term employment?
Updated on 01 April 2020 by Funes de Rioja & Asociados

Under labour law, the employment contract may be for a fixed term. Fixed-term contracts terminate on the expiry of the specific term for which they were agreed, but require between one and two months’ notice. The contract must be formalis...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.6 When is a fixed-term employment contract converted into an indefinite-term contract?
Updated on 01 April 2020 by Funes de Rioja & Asociados

If the employer does not give notice or formalise the con...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.7 What are the legal and practical implications of engaging temporary workers through an employment agency?
Updated on 01 April 2020 by Funes de Rioja & Asociados

Local law does not prohibit the employment of temporary workers through an employment agency. However, if the employer cannot justify the arrangement or if the contract with the third party agency is illegal, temporary work...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.8 Can the employer put its employees at the disposal of another company? If so, what restrictions apply?
Updated on 01 April 2020 by Funes de Rioja & Asociados

There are no specific legal restrictions on whether an employer may put its employees at the disposal of another...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3. Terms and Conditions
3.1 Is it necessary to provide a written employment contract? If so, what terms must be in the contract and when must the contract be provided?
Updated on 01 April 2020 by Funes de Rioja & Asociados

There are no formal requirements for indefinite-term contracts, therefore, is not necessary for these contracts to be in writing. However, employees must: be registered with the Social Security Administration; have a social security number...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.2 Is it common in your country to issue an offer letter in addition to the employment contract?
Updated on 01 April 2020 by Funes de Rioja & Asociados

It is not common practice in Argentina for the employer to issue an offer letter in addition to the contract, but it is...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.3 What language should the employment contract be in?
Updated on 01 April 2020 by Funes de Rioja & Asociados

There are no legal restrictions about the language of the employment contract. However it would be appropriate for the contract to be drafted in the local language, so it can be used more effectively as evidence in the case of a dispute. If...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.4 Are there any terms that are always implied into an employment contract, even if they are not set out in writing? What are they?
Updated on 01 April 2020 by Funes de Rioja & Asociados

For indefinite-term employment relationships, there is no obligation to execute an employment contract in writing. However, the employment contract must not revoke any other employee rights granted by law or collective bargaining agreements...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.5 Does the written contract of employment have to contain all the terms and conditions of employment or is it possible to incorporate terms from other agreements or documents?
Updated on 01 April 2020 by Funes de Rioja & Asociados

It is possible to incorporate, at any time, terms from other agreements or documents, including a collective b...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.6 What are the legal considerations when an employer wants to make changes to employees’ terms and conditions?
Updated on 01 April 2020 by Funes de Rioja & Asociados

The employer is only permitted to unilaterally introduce changes to the employee’s terms and conditions if such changes are reasonable, only affect non-essential labour conditions and do not cause moral or financial harm to the employee. ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.7 What documentation is normally made available to the employee in addition to contractual documents? How are non-contractual documents distinguished from contractual ones?
Updated on 01 April 2020 by Funes de Rioja & Asociados

Employers usually provide employees with various policies and rules.  These typically include: a code of conduct; a confidentiality policy; an IT policy; email and communications policies; a disciplinary policy; an harassment po...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4. Compensation and Benefits
4.1 Is there a minimum wage? Does it have to be paid through basic salary only, or can other payments made to the employee (e.g. tips, bonuses, housing allowance etc) be included?
Updated by Funes de Rioja & Asociados

The Committee for the Minimum Wage, composed of representatives from the government, employers and employees, sets national minimum wage rates. Since October 2019, ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.2 Are wages automatically adjusted in line with inflation? If so, how does this work?
Updated by Funes de Rioja & Asociados

There is no requirement or system for wages to be adjusted for inflati...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.3 In outline, what tax and social security obligations are on the employer and employee and what arrangements must be put in place to ensure these are met?
Updated by Funes de Rioja & Asociados

Tax Income tax and social security must be withheld by the employer from the employee’s salary, together with the employer’s contribution. Payments of the taxes and other contributions to the tax authorities are made by the employer at ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.4 What is the rate of income tax and social security for an employee with an income of EUR 100,000, married with two children?
Updated by Funes de Rioja & Asociados

In Argentina, for an employee with an income of EUR 100,000, the rate of income tax is 31% of the employee’s tota...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.5 Are there rules governing the payment of bonuses? What type and size of bonuses are common in practice? If someone leaves, is it possible to claw back bonus already paid out?
Updated by Funes de Rioja & Asociados

Senior executives are usually rewarded with bonuses according to the organisation’s performance and the executives’ individual achievements. There are no rules restricting how much emplo...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.6 Are employers required to provide any particular benefits to employees (other than pension contributions)? If so, what are they?
Updated by Funes de Rioja & Asociados

All employees have the right to a 13th month payment, which is paid in two instalments in June and December. During ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.7 In practice, what benefits are usually offered to employees?
Updated by Funes de Rioja & Asociados

Under employment law, certain social benefits are made available to employees. These are social security services that the employer grants the worker directly or through third parties. These benefits are not considered as salary, not paid i...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5. Working Hours
5.1 Is there a limit on daily and/or weekly working hours?
Updated on 01 April 2020 by Funes de Rioja & Asociados

According to employment law, the working day must not exceed eight hours per day and the working week must not exceed 48 hours, except in the following cases: Directors and managers. Team work, provided that during a three-week period t...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.2 If so, is it possible to exceed this limit through agreement?
Updated on 01 April 2020 by Funes de Rioja & Asociados

The Ministry of Labour may provide for exceptions to the regulations and can authorise working time over the limits prescribed by law. The law establishes a ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.3 Are any employees exempt from the rules about working time?
Updated on 01 April 2020 by Funes de Rioja & Asociados

Argentinean working time regulations are applicable to all employees except for directors and managers of...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.4 What time recording obligations are there on employers?
Updated on 01 April 2020 by Funes de Rioja & Asociados

The employer must keep a record of overtime worked....

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.5 Does the law allow for or encourage agile working (having self-managing interdisciplinary teams with employees switching between them based on company requirements; flexible working time; open-plan offices; increased remote working)? If so, what are the rules?
Updated on 01 April 2020 by Funes de Rioja & Asociados

Argentinean labour law does not prohibit agile working as long as the ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.6 Are there any limits on overtime work?
Updated on 01 April 2020 by Funes de Rioja & Asociados

The maximum number of overtime hours is restricted to 30 per month a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.7 Do we need to get consent from employees for overtime?
Updated on 01 April 2020 by Funes de Rioja & Asociados

A worker must not be com...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.8 Is there a specific rate of pay that applies to overtime? If so, please specify.
Updated on 01 April 2020 by Funes de Rioja & Asociados

A worker paid on a monthly basis and performing duties during the week is not entitled to any additional payment if he or she does not exceed the maximum legal limit of 48 hours week or the wo...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.9 What rules (if any) are there regarding breaks and rest periods?
Updated on 01 April 2020 by Funes de Rioja & Asociados

An employee must not be made to work between 13:00 on Saturdays and midnight on Sundays except where authorised by the Labour Ministry or by any regulation, in which case the worker must be compensated with a rest period of equal...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.10 What are the consequences for an employer of: (a) exceeding the limits on daily/weekly working hours; and (b) breaking the rules on breaks and rest periods?
Updated on 01 April 2020 by Funes de Rioja & Asociados

Infringements for exceeding daily or weekly limits on working hours or the rules on rest periods are governed by specific laws. Infringements could result in a fine to be paid by the employer. Control ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6. Time Off Work
6.1 What is the minimum entitlement to annual leave?
Updated on 01 July 2020 by Funes de Rioja & Asociados

The statutory minimum annual leave entitlement ranges from 14 days to 35 days. Note that this includes days falling on the weekend. ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.2 How much are employees entitled to be paid for annual leave?
Updated on 01 July 2020 by Funes de Rioja & Asociados

During annual leave, each employee has the right to a ‘vacation bonus’. This is calculated by dividing the employee’s...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.3 Do employees have a right to paid time off work for public holidays?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Employees are not required to work on national holidays. Those who do work are entitled to a 100% increase on their normal rate of pay. There are normally fifteen public holidays each year in Argentina. They are: 1 January, New Year’s Da...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.4 What rules apply to employees who are absent from work on account of sickness?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Employees with less than five years’ seniority are entitled to up to three months’ paid leave per year in the case of illness. If the employee has more than five...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.5 What are the arrangements for family-related leave and pay? In practice, do employers provide the minimum only, or might they make more generous arrangements?
Updated on 01 July 2020 by Funes de Rioja & Asociados

As well as the right to double the usual period of paid sick leave, employees who are parents receive a family allowance from the social security administration. The main rights to family-related leave and pay are summarised below.   M...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.6 What types of leave (other than family or care-related leave) are available?
Updated on 01 July 2020 by Funes de Rioja & Asociados

The law establishes paid leave for: marriage: 10 days; death of spouse, child or parent: 3 days; death of brother or sister: 1 ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

7. Health and Safety
7.1 Broadly, what are the minimum legal standards that an employer must meet to ensure the safety of employees?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Employers are responsible for protecting employees and their possessions and for guaranteeing a safe and healthy workplace. This includes a safe workplace, safe equipment and work that is safe for physical and mental wellbeing. Therefore, a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

7.2 How are health and safety rules regulated and enforced in practice?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Health and safety duties are regulated by extensive legislation. The Labour Ministry can take action to penalise any act or omission in breach of the formal requirements or the recording obligations set out in the health and safety at work ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

7.3 What are the consequences for employers of breaches of health and safety rules?
Updated on 01 July 2020 by Funes de Rioja & Asociados

If an employer breaches health and safety rules, inspectors from the Labour Ministry can issue an ‘improvement notice’ requiring the breach to be remedied, and the company may be penalised with a fine. The employer’s insurance premium...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

7.4 Can an employer be liable for the activities of third-party contractors?
Updated on 01 July 2020 by Funes de Rioja & Asociados

An employer can be liable for harm caused to employees or other visitors by unsafe premises, where this...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

7.5 If there is a serious work accident, is there a requirement to notify the authorities and what does this involve?
Updated on 01 July 2020 by Funes de Rioja & Asociados

The employer must notify the insurance company covering risks relating to work accidents, who has the legal obligati...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8. Discrimination
8.1 What kinds of characteristics are protected by discrimination law?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Employment law prohibits discrimination based on any of the following grounds: sex; race; national origin; religion; political or union opinion or affiliation; and age. In addition, anti-discrimination law prohibits discrim...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.2 Are there circumstances where it is not discriminatory to treat someone differently when they have (or do not have) one of these characteristics?
Updated on 01 July 2020 by Funes de Rioja & Asociados

It is possible to treat people differently without discriminating against them, depending on the circumstances of each case. The law prohibits arbitrary or unfair discriminatory treatment, but not all differences in treatment. Therefore, un...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.3 Is there a duty on employers to avoid 'indirect' discrimination (i.e. where a rule applied to all employees disadvantages a protected group)?
Updated on 01 July 2020 by Funes de Rioja & Asociados

The legal system prohibits indirect discrimination. This kind of discrimination may be less easy to spot than direct discrimination, but it is unlawful nevertheless. Sometimes, a policy, r...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.4 Is there an obligation to make reasonable adjustments, e.g. for disabled employees or those with religious beliefs?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Under Argentine labour law an employer must provide all reasonable adjustments to allow a disabled employee to perform his or her duties, but this does not include an obligation to create a special position for such a purpose. A...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.5 Is there protection against harassment based on a protected characteristic?
Updated on 01 July 2020 by Funes de Rioja & Asociados

In the private sector there is no specific legislation against harassment. However, general rules against discrimination based on sex can be applied to protect employees against sexual harassment. In addition, ‘mobbing’ is considered fa...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.6 Is there protection against victimisation or retaliation (i.e. where an employee is badly treated for having complained about discrimination, or helped someone else complain)?
Updated on 01 July 2020 by Funes de Rioja & Asociados

There are no specific provisions to protect people ag...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.7 What are the potential consequences for the employer if a claim for discrimination, harassment or victimisation/retaliation is successful?
Updated on 01 July 2020 by Funes de Rioja & Asociados

The potential consequences of successful claims for the employer depend on the specific situation. If discrimination, harassment, victimisation or retaliation is deemed to amount to indirect dismissal, the employee is entitled to claim a se...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.8 If there is a claim for discrimination, how is the burden of proof shared and what are the most commons defences?
Updated on 01 July 2020 by Funes de Rioja & Asociados

According to case law, in discrimination claims the burden of the proof...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.9 Can an employer be liable for the discriminatory actions of its employees or third parties (e.g. customers or suppliers)?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Employers are liable for the acts of employees that occur in the course of perfor...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.10 Are there statutory gender pay gap reporting obligations in your country?
Updated on 01 July 2020 by Funes de Rioja & Asociados

There are no statutory obligations regarding gender pay gap reporting in Argentina. There is a consti...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.11 What legal obligations do employers have to protect the mental health of their employees? Are mental health conditions a protected characteristic, in terms of protection against dismissal or from discrimination? What are the legal obligations of employers where a mental health condition is protected by law?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Argentinean law requires employers to take all necessary measures to ensure the mental and physical integrity of their employees, and they are responsible in the event of a breach of this duty. Along with the employer´s duty to guarantee t...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.12 In practice, how common are discrimination claims by employees?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Discrimination claims are very common in Argentina, especially cases of discrimination based on union activity, fo...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.13 What are the typical amounts of awards made in cases of unlawful discrimination?
Updated on 01 July 2020 by Funes de Rioja & Asociados

No statutory provisions exist regarding the amount of compensation for unlawful discrimination, and the amounts ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

9. Employee Data Privacy
9.1 Are there rules on the protection of employee information?
Updated on 01 July 2020 by Funes de Rioja & Asociados

There are no rules that are specific to the protection of employee information, but general data protection law protects employees’ personal information. The law defines personal data as any information about a living individual or a lega...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

9.2 What are the consequences if an employer breaches these rules?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Under data protection law, if an employer fails to comply with the rules, the National Direction of Personal Data Protection, a statutory regulator, can apply sanctions and impose fines from ARS 1,000 to ARS 10...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

9.3 In practice, how can an employer collect and process confidential employee information?
Updated on 01 July 2020 by Funes de Rioja & Asociados

The employer must comply with labour, health and safety and social security laws. In order to do so, the following information must be collected at the beginning of any labour relationship: employee personal details; the employee’s famil...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

9.4 What are the restrictions (if any) on the monitoring of employees?
Updated on 01 July 2020 by Funes de Rioja & Asociados

There are no significant restrictions on monitoring as long as the surveillance is not carried out in a discriminatory way, is reasonable and does not constitute an invasion of privacy. The local labour administration (‘Ministerio de Trab...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

9.5 What is the legal position with regard to the use of social media in the workplace and when employees are off duty?
Updated on 01 July 2020 by Funes de Rioja & Asociados

The use of social media either at work or when off duty is not regulated by law. It is therefore advisable for employers to implement policies regarding the use of Facebook, Twitter, MySpace, Bebo and other social media.  The employer ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

9.6 Is there any protection for employees who 'blow the whistle' on what they think are unlawful or immoral activities?
Updated on 01 July 2020 by Funes de Rioja & Asociados

There is no special protection for whistle-blowing in ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

10. Employee Competition and Confidentiality
10.1 How can an employer ensure employees keep work-related information confidential?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Argentinian employment law establishes a general duty of fidelity in all contracts of employment. As a result, an employee must keep work-related information confidential. This duty of confidentiality exists in relation to the following typ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

10.2 How can an employer ensure employees do not act in competition with it?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Under Argentinian law, the employee is bound by a duty of fidelity during the employment relationship and is expected to act in good faith during the relationship. The law states that the employee must observe all the duties of fidelity tha...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

10.3 Once employment has ended, can an employer restrict the use of confidential information by employees?
Updated on 01 July 2020 by Funes de Rioja & Asociados

After the employment contract has ended, employers can protect confidential information by including post-termination restrictions on an employee’s activities in the employment contract. These clauses are called ‘restrictive covenants...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

10.4 Once employment has ended, can an employer prevent employees from acting in competition with it?
Updated on 01 July 2020 by Funes de Rioja & Asociados

Non-compete clauses are becoming common in Argentinian employment practice, especially for directors and senior employees. In order to be enforceable, these clauses must be reasonable and not excessive an...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11. Worker Representation
11.1 What is the role of trade unions in your jurisdiction?
Updated on 01 November 2019 by Funes de Rioja & Asociados

Trade unions represent most types of workers in Argentina, sometimes including executives and professionals. The right to represent workers is awarded by the Ministry of Labour by means of a resolution of recognition called a ‘Personeria ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.2 Do workforces tend to be unionised?
Updated on 01 November 2019 by Funes de Rioja & Asociados

Around 4 million employees in Argentina were trade u...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.3 Does an employer have to work with an established trade union? If there is no union, must an employer establish or recognise one?
Updated on 01 November 2019 by Funes de Rioja & Asociados

Only officially recognised trade unions can represent the collective interests of employees. As a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.4 What role do employee representative bodies have in the workplace? Is there an obligation to inform and/or consult? Do they have any decision-making powers? When is an employer required to recognise or set up an employee representative body?
Updated on 01 November 2019 by Funes de Rioja & Asociados

Employees who are represented by a trade union can elect representatives to further their interests. The number of representatives is determined as follows: If an organisation has between 10 and 50 employees, one representative may be elect...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.5 What legal restrictions are placed on trade unions in terms of organising strikes and other industrial action?
Updated on 01 November 2019 by Funes de Rioja & Asociados

The right to strike is protected, but only recognised trade unions may call a strike. This legal principle was confirmed in June 2016 by the Supreme Court. Before deciding to go on strike or lockout, the parties must follow a certain proced...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12. Termination of Employment
12.1 On what grounds can an employer lawfully terminate employment?
Updated by Funes de Rioja & Asociados

In Argentina, based on the Constitution, the employer may terminate an employment contract without cause but must pay mandatory severance pay. If the termination is discriminatory and therefore unlawful, the employee will be entitled to req...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.2 What employee protection exists where an employer terminates without lawful grounds?
Updated by Funes de Rioja & Asociados

Employment is presumed to be for an indefinite term and can be terminated by the employer without penalty only for cause. Employees hired for an indefinite term who have mo...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.3 What is the legal or best practice process for terminating and what happens if an employer fails to follow it?
Updated by Funes de Rioja & Asociados

The employer may terminate an employment relationship with or without cause. If the employer is ending the relationship without cause, the law provides that the employer must give appropriate prior notice of termination. If the employer is ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.4 Are there any special protections against dismissal?
Updated by Funes de Rioja & Asociados

Certain reasons for dismissal are automatically considered unfair. If one of these reasons applies, the legal rules about fair procedure are not relevant.  There are particular rules prohibiting the termination of union representative ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.5 What is the minimum notice period? Are there circumstances where an employee may be entitled to longer?
Updated by Funes de Rioja & Asociados

There are different notice periods according to the employee’s length of service: one month for service of up to five years; and two months for service over five years. During the trial period for indefinite-term cont...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.6 Can an employer summarily dismiss by making a payment in lieu of notice? Is summary dismissal ever possible without payment in lieu?
Updated by Funes de Rioja & Asociados

Employers can make a payment instead of the required notice. Typically, employers do not provide prior notice and often make payments in lieu of notice. The payment is subject to inc...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.7 What happens if an employee resigns? Could this be regarded as constructive dismissal?
Updated by Funes de Rioja & Asociados

No. The resignation is regarded as a voluntary termination of the employment, ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.8 Is it possible to retire an employee compulsorily?
Updated by Funes de Rioja & Asociados

It is possible to retire an employee compulsorily in the following circumstances: the employee has at least 30 years of pension contributions and is therefore entitled to receive retirement ben...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.9 What payments must be made to an employee on termination of employment?
Updated by Funes de Rioja & Asociados

The employer must pay one month’s remuneration for each year of service or any period longer than three months, based on the ‘highest normal, habitual salary’ accrued during the last year of service. For example, if the employee has w...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.10 How can an employer settle claims against it by an employee?
Updated by Funes de Rioja & Asociados

An employer can settle purely contractual claims by agreement with the employee, but this can be challenged as invalid by the employee, unless it meets certain conditions. ‘Separation agreements’ by mutual consent must be made before a ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13. Collective Dismissals
13.1 Must employers consult with employees about multiple dismissals and how many dismissals trigger this requirement?
Updated on 01 November 2019 by Funes de Rioja & Asociados

Employers can generally decide to close plants and terminate employees without consultation, provided they make full severance payments to the affected employees. If the employer can show that there is a downturn in work volumes or for...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.2 What information must be provided about the dismissals? When must it be given and to whom?
Updated on 01 November 2019 by Funes de Rioja & Asociados

When collective dismissals are expected, the employer should initiate a crisis prevention procedure by informing ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.3 Is there a legal process for consultations? How long do consultations take in practice?
Updated on 01 November 2019 by Funes de Rioja & Asociados

In a crisis prevention procedure, the employer must submit a plan to the Ministry of Labour. Within two days, the Ministry will invite the  employer and the union to a hearing at the Ministry of Labour, and there will be a first attemp...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.4 What happens if the employer fails to comply with the information and consultation requirements?
Updated on 01 November 2019 by Funes de Rioja & Asociados

If the employer does not invoke the special ‘crisis prevention procedure’ that applies to mass redundancies for economic reasons or reasons of force majeure, it w...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.5 Are there any additional payments to make to employees in cases of collective redundancy?
Updated on 01 November 2019 by Funes de Rioja & Asociados

The severance payment for collective redundancy amounts to half of the severance payment...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.6 Is there a statutory selection order that must be applied when a number of dismissals take place?
Updated on 01 November 2019 by Funes de Rioja & Asociados

The employer must start with dismissals of employees with ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14. Business Transfers
14.1 Are employees protected if the identity of their employer changes following a share takeover?
Updated on 01 November 2019 by Funes de Rioja & Asociados

By law, if a share takeover does not reduce the liability of the existing ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.2 Are employees protected if the business in which they work is sold to a new employer? Are they protected if a service is outsourced or the business is partially transferred?
Updated on 01 November 2019 by Funes de Rioja & Asociados

Sale of a business If a business is sold, the existing labour relationships will continue with the new employer on their existing contractual terms and conditions. The buyer ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.3 If employees are protected upon transfer of the business to a new employer, what are the duties of the old and new employer?
Updated on 01 November 2019 by Funes de Rioja & Asociados

Where a business is transferred, all the obligations arising from the employment contract between the transferor and employee at the time of the transfer pass to the transferee. The employment contract continues with the transferee and the ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.4 Can employees object to transferring to a new employer?
Updated on 01 November 2019 by Funes de Rioja & Asociados

Employees can challenge a transfer if their employment conditions change substantially. If that is the case, they may make a claim for...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.5 What happens to the terms of the employment contracts? What happens to employee benefits that are not part of the employment contract (e.g. bonuses)?
Updated on 01 November 2019 by Funes de Rioja & Asociados

Terms The terms of employment and all rights and obligations under it transfer to the transferee. A transfer does not constitute grounds to change the terms of employment contracts. Employment terms can only be changed in accordance with th...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.6 What liabilities transfer to the new employer? Is there joint liability with the old employer?
Updated on 01 November 2019 by Funes de Rioja & Asociados

The transferor and transferee are jointly and severally liable for employment obligations existing at the time of the transfer. This appl...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.7 What happens to any collective agreements? Do they transfer to the new employer?
Updated on 01 November 2019 by Funes de Rioja & Asociados

In both transfers of businesses and transfers of em...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.8 Can employers make changes to people's employment contracts?
Updated on 01 November 2019 by Funes de Rioja & Asociados

In general terms, the employer has the power to introduce any changes it likes to the form and content of the employment contracts, provided they do not involve an ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.9 When can employees be safely dismissed during or after a transfer?
Updated on 01 November 2019 by Funes de Rioja & Asociados

There is no statutory term (apart from the notice period for dismissal) that employ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.10 Is there a requirement to consult with employees (or their representatives) upon a business transfer? Who must employers consult?
Updated on 01 November 2019 by Funes de Rioja & Asociados

The name of the new employer, the date on which the transfer will become effective and details of the employees’ working condition...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.11 What information must employers provide before transfer?
Updated on 01 November 2019 by Funes de Rioja & Asociados

The name of the new employer, the date ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.12 What does a consultation involve and how long does it last in practice?
Updated on 01 November 2019 by Funes de Rioja & Asociados

There is no obligation to consult, but in practice it may be wise to do so if the business activities are going to change, people’s jobs will alter, or if the business is goi...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.13 What happens if an employer fails to inform and consult properly?
Updated on 01 November 2019 by Funes de Rioja & Asociados

In the case of a ‘transfer of establishment’, if an employer fails to inform employees about the transfer, the emp...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.14 What happens to the works council and other employee representatives upon the transfer of a business?
Updated on 01 November 2019 by Funes de Rioja & Asociados

This is not applicable ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15. Pensions
15.1 Are employees entitled to receive state pension benefits? If so, what are their basic rights under the state pension?
Updated by Funes de Rioja & Asociados

In 2008, Argentina returned to using a pay-as-you-go system (‘PAYG’) for retirement, based on the ‘redistribution principle’. In general terms, the following conditions apply to mandatory retirement: workers must have made ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.2 Is there a requirement for employers to provide employees with access to a pension scheme? If so, are there any minimum legal requirements for that pension scheme?
Updated on 01 November 2019 by Funes de Rioja & Asociados

The only requirement for an employer, with regards to providing access to a pension scheme, is to pay the mandatory contributions to the Social Security Administration. When an employee has reached the retirement age of 70 ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.3 Can an employer fund and operate its own pension scheme for its employees? If so, how might the scheme operate?
Updated on 01 November 2019 by Funes de Rioja & Asociados

An employer may not fund and operate its own pension scheme instead of the state pension scheme, as the state l...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.4 Is there a requirement to consult with employees (or their representatives) about proposed changes to an employer's pension arrangements? If so, what are the consultation requirements?
Updated on 01 November 2019 by Funes de Rioja & Asociados

An employer has statutory duty to consult affected employees in connection with any change to a private pension scheme, except where ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.5 In general terms, what is the tax treatment of pensions in your country?
Updated on 01 November 2019 by Funes de Rioja & Asociados

In Argentina, pensions are given the same tax treatment as salary and so the income an individual earns from pens...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.6 What, if anything, needs to be put in the contract of employment about pensions' entitlement?
Updated on 01 November 2019 by Funes de Rioja & Asociados

Nothing needs to be put in the...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1. Recruitment
1.1 Do advertisements for jobs require any particular wording or details about the job?
Updated on 15 August 2020 by Corrs Chambers Westgarth

There are no formal requirements in relation to the form or content of job advertisements in Australia. Nevertheless, it is important to ensure that advertisements and statements made in the course of pre-employment negotiations are not mi...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.2 What checks can an employer carry out about the background (including social media checks) and health of job applicants and at what stage in the hiring process? Can employers ask for references?
Updated on 15 August 2020 by Corrs Chambers Westgarth

In broad terms it is permissible for an employer to conduct reference and qualification checks in the context of a recruitment process. This can include seeking information about a job applicant’s previous work history and confirmation...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.3 Can employment be made subject to a probationary period? If so, how long for?
Updated on 15 August 2020 by Corrs Chambers Westgarth

In principle, it is permissible in Australia to make employment subject to a period of probation, and there are no formal rules as to the duration of any such period. At the end of the probationary period the employer may terminate t...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.4 Are there special rules about dismissal during a probationary period?
Updated on 15 August 2020 by Corrs Chambers Westgarth

See section 1.3 above. ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.5 Can job applicants bring claims against the prospective employer? What might they claim for?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Anti-discrimination legislation in all Australian jurisdictions makes it unlawful to discriminate against potential employees, as well as against actual employees. For example, it is unlawful for an employer to take ‘adverse action’...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.6 What processes should be followed in employing foreign workers?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Individuals who are not Australian citizens can work in Australia only when they possess a valid visa which enables them to undertake the work in question. It is important, therefore, for prospective employers to ensure that job applicant...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.7 What records should an employer keep about the employment of foreign workers?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Employers should keep records of any relevant information relating to the sponsorship of a foreign worker. This includes any correspondence with the Departme...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.8 Can employers keep their records about candidates they did not hire?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Potential privacy law issues can arise in circumstances where an applicant provides personal information to a prospective employer and that applicant is not hired, and the business intends to store or otherwise use that information. As note...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.9 What questions can’t employers ask in interviews?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Employers cannot ask questions in job interviews which evince, or might be taken to evince, an intention unlawfully to discriminate against a prospective employee. This would, for example, preclude questions about an applicant’s trade uni...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2. Employment Contracts
2.1 What determines whether an individual is an employee or an independent contractor and what is the practical difference?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Characterising work relationships Australian courts have adopted a number of ‘tests’ in order to determine whether a particular work relationship is one of employer and employee or of principal and contractor. The traditional approach w...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.2 Are there any other key distinctions between types of employees (e.g. blue collar, white collar, or sales representatives) and what practical difference does this make?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Almost all employees in Australia have their terms and conditions of employment regulated to a greater or lesser extent by federal or state industrial legislation. In particular, the great majority of employees fall within the scope of the ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.3 Are there any special rules that apply to the employment of company directors?
Updated on 15 August 2020 by Corrs Chambers Westgarth

It is common practice for a company director to be classified as either an executive director (who is also an employee of the company) or a non-executive director (who is not an employee of the company). Whether or not a director is also an...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.4 Are there any rules about part-time employment and do employees have a right to request part-time or flexible arrangements?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Part-time employment Under Australian law, employees who ordinarily work 38 hours or less per week are commonly described as ‘part-time’ employees, including in awards and agreements made under the Fair Work Act. Around 30% of all emplo...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.5 Are there any rules or restrictions on fixed-term employment?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Fixed-term contracts Employers and employees are generally at liberty to enter into contracts that are expressed to remain in force until the occurrence of some pre-determined event such as a specified date or the completion of a specified ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.6 When is a fixed-term employment contract converted into an indefinite-term contract?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Fixed-term employment may convert into open-ended employment in a range of circumstances. The most straightforward is where the employer and employee formally negotiate such a conversion. Conversion may also occur where an employee has been...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.7 What are the legal and practical implications of engaging temporary workers through an employment agency?
Updated on 15 August 2020 by Corrs Chambers Westgarth

The engagement of temporary workers through an employment agency or supplier is commonly referred to in Australia as ‘labour hire’. It typically involves the supplier providing a service to another organisation (‘host’) by supplying...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.8 Can the employer put its employees at the disposal of another company? If so, what restrictions apply?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Employers (‘first employer’) may also enter into arrangements whereby some of their employees are ‘loaned’ or ‘seconded’ to another employer (‘second employer’), such as a fellow member of a corporate group. Such arrangement...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3. Terms and Conditions
3.1 Is it necessary to provide a written employment contract? If so, what terms must be in the contract and when must the contract be provided?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
3.2 Is it common in your country to issue an offer letter in addition to the employment contract?
Updated on 15 August 2020 by Corrs Chambers Westgarth

It is common practice for an offer letter to set out core terms and conditions of employment and upon acceptance, to become the employment contract. Sometimes the offer letter is accompanied by a separate document which the employ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.3 What language should the employment contract be in?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Employment contracts can be in any language. For obvious practical reasons, it is preferable that they be in English.  Furthermore, Australian law requires employers to make and keep ‘employee records’ in relation to a rang...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.4 Are there any terms that are always implied into an employment contract, even if they are not set out in writing? What are they?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Contracts of employment in Australia may contain terms implied by law and terms implied by conduct. Both forms of implied terms will yield to express provisions to the contrary. They will also yield to any inconsistent provision of a statut...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.5 Does the written contract of employment have to contain all the terms and conditions of employment or is it possible to incorporate terms from other agreements or documents?
Updated on 15 August 2020 by Corrs Chambers Westgarth

It is possible to incorporate terms from other agreements and documents, including industrial instruments, into a contract of employment. This is most effectively done by expressly referring to the relevant agreements and documents in the...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.6 What are the legal considerations when an employer wants to make changes to employees’ terms and conditions?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Variation of an employment contract requires the agreement of both the employer and the employee. An employment contract cannot unilaterally be varied. Any attempt to do so is likely to constitute a breach that would enable the emplo...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.7 What documentation is normally made available to the employee in addition to contractual documents? How are non-contractual documents distinguished from contractual ones?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Employer policies and procedures are commonly made available to employees at the beginning of employment, and may be supplemented or varied during the currency of the employment relationship. Typically, employment contracts will...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4. Compensation and Benefits
4.1 Is there a minimum wage? Does it have to be paid through basic salary only, or can other payments made to the employee (e.g. tips, bonuses, housing allowance etc) be included?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4.2 Are wages automatically adjusted in line with inflation? If so, how does this work?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4.3 In outline, what tax and social security obligations are on the employer and employee and what arrangements must be put in place to ensure these are met?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4.4 What is the rate of income tax and social security for an employee with an income of EUR 100,000, married with two children?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4.5 Are there rules governing the payment of bonuses? What type and size of bonuses are common in practice? If someone leaves, is it possible to claw back bonus already paid out?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4.6 Are employers required to provide any particular benefits to employees (other than pension contributions)? If so, what are they?
Updated on 15 August 2020 by Corrs Chambers Westgarth

The National Employment Standards (‘NES’) set out in the Fair Work Act comprise minimum terms and conditions that apply to all employees. They include provision for annual leave, carer’s/personal leave, compassionate leave, par...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.7 In practice, what benefits are usually offered to employees?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5. Working Hours
5.1 Is there a limit on daily and/or weekly working hours?
Updated on 11 November 2020 by Corrs Chambers Westgarth

There is no comprehensive legal limit on daily hours of work, although industrial instruments (modern awards and enterprise agreements) may impose restrictions on daily hours of work, and requiring employees to work excessive hours ma...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.2 If so, is it possible to exceed this limit through agreement?
Updated on 11 November 2020 by Corrs Chambers Westgarth

It is not permissible for an industrial instrument to exclude any provision of the NES, and any contractual provision that purported to derogate from the NES would be unlawful. It follows that it would not be possible to exceed the wee...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.3 Are any employees exempt from the rules about working time?
Updated on 11 November 2020 by Corrs Chambers Westgarth

The minimum terms and conditions in relation to working time as set out in sections 5.1 and 5.2 above apply to all employees who fall within the Fair Work Act. This means that they apply to the overwhelming majority of employees...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.4 What time recording obligations are there on employers?
Updated on 11 November 2020 by Corrs Chambers Westgarth

The Fair Work Act and the accompanying Regulations set out detailed requirements in relation to the keeping of employee records and the provision of pay slips to employees.    The required records must include basic inform...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.5 Does the law allow for or encourage agile working (having self-managing interdisciplinary teams with employees switching between them based on company requirements; flexible working time; open-plan offices; increased remote working)? If so, what are the rules?
Updated on 11 November 2020 by Corrs Chambers Westgarth

Self-management, open-plan offices and remote working  Generally, the capacity of employers to provide open-plan offices or self-managing interdisciplinary teams is a matter of managerial discretion, providing that the arrangement is ot...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.6 Are there any limits on overtime work?
Updated on 11 November 2020 by Corrs Chambers Westgarth

As indicated in section 5.2 above, any request by an employer that an employee work additional hours must be ‘reasonable’ under the criteria set out in the law. The law does not, however, set a specific limit on the...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.7 Do we need to get consent from employees for overtime?
Updated on 11 November 2020 by Corrs Chambers Westgarth

The law does not contain any express requirement that the employer obtain consent from employees to work additional hours or overtime. However, as set out in section 5.2 above, an employee may refuse to work additional hours if they...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.8 Is there a specific rate of pay that applies to overtime? If so, please specify.
Updated on 11 November 2020 by Corrs Chambers Westgarth

There is no legislative provision which dictates how overtime is to be paid. Industrial instruments or employment contracts will typically set out the relevant rates of pay, including overtime rates.  Such rates are generally cal...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.9 What rules (if any) are there regarding breaks and rest periods?
Updated on 11 November 2020 by Corrs Chambers Westgarth

Labour legislation does not expressly provide a statutory entitlement to breaks or rest periods.   Meal breaks are commonly dealt with in industrial instruments or contracts of employment, most often in terms to the effect that a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.10 What are the consequences for an employer of: (a) exceeding the limits on daily/weekly working hours; and (b) breaking the rules on breaks and rest periods?
Updated on 11 November 2020 by Corrs Chambers Westgarth

Working hours  A contravention of the rules regarding working hours set out in the NES, a modern award or an enterprise agreement constitutes a contravention of a civil remedy provision of the Fair Work Act. An affected employee, th...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6. Time Off Work
6.1 What is the minimum entitlement to annual leave?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Under Australian law all employees (except casual employees) are entitled to a minimum of four weeks of paid annual leave per year. Those who are characterised as ‘shiftworkers’ are entitled to an additional week of paid...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.2 How much are employees entitled to be paid for annual leave?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Payment in respect of statutory annual leave is calculated at the employee’s base rate of pay for their ordinary hours of work. It therefore does not include any overtime, penalty rates, or other allowances that the employee ma...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.3 Do employees have a right to paid time off work for public holidays?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Employees who would ordinarily work on a day that coincides with a public holiday are entitled to be absent from work and to receive payment at their base rate of pay for their ordinary hours of work on that day. Casual employees who...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.4 What rules apply to employees who are absent from work on account of sickness?
Updated on 15 August 2020 by Corrs Chambers Westgarth

All employees (except casual employees) are entitled by law to ten days of paid personal/carer’s leave per year. Personal/carer’s leave can be taken:  when the employee is unable to work due to personal illness or injury; or  to pr...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.5 What are the arrangements for family-related leave and pay? In practice, do employers provide the minimum only, or might they make more generous arrangements?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Unpaid parental leave  The law provides for unpaid parental or adoption leave. Employees with at least 12 months of continuous service are entitled to up to 12 months’ unpaid leave relating to the birth or adoption of a child...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.6 What types of leave (other than family or care-related leave) are available?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Long service leave (‘LSL’)   This is a distinctively Australian form of leave entitlement which was originally intended to provide colonial public servants with an opportunity to take an extended period of leave in the ‘home countr...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

7. Health and Safety
7.1 Broadly, what are the minimum legal standards that an employer must meet to ensure the safety of employees?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
7.2 How are health and safety rules regulated and enforced in practice?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
7.3 What are the consequences for employers of breaches of health and safety rules?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
7.4 Can an employer be liable for the activities of third-party contractors?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
7.5 If there is a serious work accident, is there a requirement to notify the authorities and what does this involve?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8. Discrimination
8.1 What kinds of characteristics are protected by discrimination law?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.2 Are there circumstances where it is not discriminatory to treat someone differently when they have (or do not have) one of these characteristics?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.3 Is there a duty on employers to avoid 'indirect' discrimination (i.e. where a rule applied to all employees disadvantages a protected group)?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.4 Is there an obligation to make reasonable adjustments, e.g. for disabled employees or those with religious beliefs?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.5 Is there protection against harassment based on a protected characteristic?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.6 Is there protection against victimisation or retaliation (i.e. where an employee is badly treated for having complained about discrimination, or helped someone else complain)?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.7 What are the potential consequences for the employer if a claim for discrimination, harassment or victimisation/retaliation is successful?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.8 If there is a claim for discrimination, how is the burden of proof shared and what are the most commons defences?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.9 Can an employer be liable for the discriminatory actions of its employees or third parties (e.g. customers or suppliers)?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.10 Are there statutory gender pay gap reporting obligations in your country?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.11 What legal obligations do employers have to protect the mental health of their employees? Are mental health conditions a protected characteristic, in terms of protection against dismissal or from discrimination? What are the legal obligations of employers where a mental health condition is protected by law?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.12 In practice, how common are discrimination claims by employees?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.13 What are the typical amounts of awards made in cases of unlawful discrimination?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
9. Employee Data Privacy
9.1 Are there rules on the protection of employee information?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
9.2 What are the consequences if an employer breaches these rules?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
9.3 In practice, how can an employer collect and process confidential employee information?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
9.4 What are the restrictions (if any) on the monitoring of employees?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
9.5 What is the legal position with regard to the use of social media in the workplace and when employees are off duty?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
9.6 Is there any protection for employees who 'blow the whistle' on what they think are unlawful or immoral activities?
Updated by Corrs Chambers Westgarth
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
10. Employee Competition and Confidentiality
10.1 How can an employer ensure employees keep work-related information confidential?
Updated on 11 November 2020 by Corrs Chambers Westgarth

Employees in Australia are under an implied duty of fidelity. Amongst other things, this requires employees not to injure their employer’s interests by disclosing or misusing confidential information acquired in the course of their e...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

10.2 How can an employer ensure employees do not act in competition with it?
Updated on 11 November 2020 by Corrs Chambers Westgarth

The duty of fidelity requires that employees not engage in business activities that compete with their employer during the employment relationship. That does not necessarily mean, however, that employees cannot engage in any busines...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

10.3 Once employment has ended, can an employer restrict the use of confidential information by employees?
Updated on 11 November 2020 by Corrs Chambers Westgarth

Once employment is ended, the duty of fidelity no longer operates to protect the confidentiality of the employer’s information. That does not mean, however, that such information is entirely unprotected. There are at least three pos...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

10.4 Once employment has ended, can an employer prevent employees from acting in competition with it?
Updated on 11 November 2020 by Corrs Chambers Westgarth

The common law doctrine of restraint of trade means that an employer cannot protect itself against all competition by a former employee. It may, however, be possible to secure a measure of protection against certain forms of po...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11. Worker Representation
11.1 What is the role of trade unions in your jurisdiction?
Updated on 01 December 2019 by Corrs Chambers Westgarth

Despite declining membership levels in recent years, trade unions continue to play an important role in social, political and industrial life in Australia. The Fair Work Act is the principal piece of legislation governing workplace relation...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.2 Do workforces tend to be unionised?
Updated on 01 December 2019 by Corrs Chambers Westgarth

In Australia, some industries have moderately high rates of union density, whilst others have almost no union presence. Density is highest in the public sector – notably in education and training, public administration, and he...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.3 Does an employer have to work with an established trade union? If there is no union, must an employer establish or recognise one?
Updated on 01 December 2019 by Corrs Chambers Westgarth

Under the Fair Work Act, employers can be required to negotiate with unions where a majority of the workforce wish them to do so, and ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.4 What role do employee representative bodies have in the workplace? Is there an obligation to inform and/or consult? Do they have any decision-making powers? When is an employer required to recognise or set up an employee representative body?
Updated on 01 December 2019 by Corrs Chambers Westgarth

Unlike many European countries, Australia does not have formal provision for works councils at either the level of the workplace or the enterprise. Many workplaces h...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.5 What legal restrictions are placed on trade unions in terms of organising strikes and other industrial action?
Updated on 01 December 2019 by Corrs Chambers Westgarth

There is no freestanding ‘right to strike’ in Australian law. On the contrary, all industrial action by employees is, on its face, unlawful under both common law and statute. However, the Fair Work Act does permit the taking of lawful i...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12. Termination of Employment
12.1 On what grounds can an employer lawfully terminate employment?
Updated on 01 February 2020 by Corrs Chambers Westgarth

Details to In principle an employer can lawfully terminate the employment of an employee on any grounds and in any manner, so long as it adheres to the terms of the relevant contract of employment. This principle must, however, be read subj...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.2 What employee protection exists where an employer terminates without lawful grounds?
Updated on 01 February 2020 by Corrs Chambers Westgarth

The common law of employment offers only very limited protection to an employee whose employment is terminated, because the common law generally allows the employer to terminate at any time and on any ground, so long as it observes the term...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.3 What is the legal or best practice process for terminating and what happens if an employer fails to follow it?
Updated on 01 February 2020 by Corrs Chambers Westgarth

To minimise exposure to claims arising out of termination of employment, employers should: have clear policies about which forms of conduct may lead to dismissal, communicate these policies to employees, and apply them in a consistent mann...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.4 Are there any special protections against dismissal?
Updated on 01 February 2020 by Corrs Chambers Westgarth

Employees may bring a ‘general protections’ claim against an employer if the employer has taken ‘adverse action’ against the employee for a prohibited reason. Such reasons include that the employee: has a ‘workplace right’; has...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.5 What is the minimum notice period? Are there circumstances where an employee may be entitled to longer?
Updated on 01 February 2020 by Corrs Chambers Westgarth

Australian law sets out minimum notice periods that employers must give to employees: Period of employment Notice period One year or less one week One to three years two weeks Three to five years three weeks More...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.6 Can an employer summarily dismiss by making a payment in lieu of notice? Is summary dismissal ever possible without payment in lieu?
Updated on 01 February 2020 by Corrs Chambers Westgarth

Provided it is permitted by the contract of employment, applicable modern award or enterprise agreement, employers can terminate employment with immediate effect by making a payment in lieu of the required notice. Payment in lieu of notice ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.7 What happens if an employee resigns? Could this be regarded as constructive dismissal?
Updated on 01 February 2020 by Corrs Chambers Westgarth

Employees who wish to resign are typically required to provide the employer with notice of resignation. There is no statutory minimum notice period for employees; the notice period will usually be set out in the applicable modern award, ent...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.8 Is it possible to retire an employee compulsorily?
Updated on 01 February 2020 by Corrs Chambers Westgarth

It is unlawful for an employer to discriminate against an employee on the basis of age. This typically means that compulsory retirement policies...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.9 What payments must be made to an employee on termination of employment?
Updated on 01 February 2020 by Corrs Chambers Westgarth

Severance for Redundancy An employee whose position is made redundant will generally be entitled to a redundancy payment.  The matter is commonly dealt with in enterprise agreements, subject to the following statutory minimum payments:...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.10 How can an employer settle claims against it by an employee?
Updated on 01 February 2020 by Corrs Chambers Westgarth

Where there is a risk that an employee may bring a claim against an employer, the employer may seek to enter into a separation agreement or release w...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13. Collective Dismissals
13.1 Must employers consult with employees about multiple dismissals and how many dismissals trigger this requirement?
Updated on 01 February 2020 by Corrs Chambers Westgarth

Statutory duty to consult Australian law requires that where an employer has decided to dismiss 15 or more employees for reasons of an ‘economic, technological, structural or similar nature’, it must notify and consult with any union(s)...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.2 What information must be provided about the dismissals? When must it be given and to whom?
Updated on 01 February 2020 by Corrs Chambers Westgarth

Information in relation to the statutory duty to consult The employer must notify each union that represents any of the affected employees of three things: the proposed dismissals and the reasons for them; the number and categories of empl...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.3 Is there a legal process for consultations? How long do consultations take in practice?
Updated on 01 February 2020 by Corrs Chambers Westgarth

Both the statutory duty to consult, and the obligation to notify Centrelink, are couched in terms of notification ‘as soon as practicable’ after taking the decision to terminate employment, but before implementing it. The model consulta...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.4 What happens if the employer fails to comply with the information and consultation requirements?
Updated on 01 February 2020 by Corrs Chambers Westgarth

If an employer fails to comply with the information or consultation obligations in an award or enterprise agreement, the employer will be in breach of the general statutory prohibitions on contravening awards or enterprise agreements, and a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.5 Are there any additional payments to make to employees in cases of collective redundancy?
Updated on 01 February 2020 by Corrs Chambers Westgarth

Australian labour law provides employees with a minimum entitlement to severance pay in all cases of redundancy. There are no addit...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.6 Is there a statutory selection order that must be applied when a number of dismissals take place?
Updated on 01 February 2020 by Corrs Chambers Westgarth

There is no statutory selection order that must be applied under Australian law. In principle, practices such as ‘last on first off’ or ‘first on last off’...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14. Business Transfers
14.1 Are employees protected if the identity of their employer changes following a share takeover?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Under Australian law a share takeover of a company (as distinct from a business sale) does not result in a change in the identity of the employer. Consequently, the change of ownership will have no effect on the employment of the comp...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.2 Are employees protected if the business in which they work is sold to a new employer? Are they protected if a service is outsourced or the business is partially transferred?
Updated on 15 August 2020 by Corrs Chambers Westgarth

There is no provision in Australian law whereby, on the transfer of all or part of a business, the workforce in that business is automatically transferred to the new owner of the business on the employees’ existing terms and conditions ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.3 If employees are protected upon transfer of the business to a new employer, what are the duties of the old and new employer?
Updated on 15 August 2020 by Corrs Chambers Westgarth

The new employer (transferee) is not under any obligation to offer employment to employees or former employees of the transferor.   If, however, the transferee does offer employment to some or all of the transferor’s employees, then is...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.4 Can employees object to transferring to a new employer?
Updated on 15 August 2020 by Corrs Chambers Westgarth

As noted in section 14.2 above, in a transfer of business situation employees are not automatically transferred, nor are they entitled to be provided with employment by the new employer/transferee.  Rather, where there is a transfer o...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.5 What happens to the terms of the employment contracts? What happens to employee benefits that are not part of the employment contract (e.g. bonuses)?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Terms of employment contract  Where a transfer of business occurs, the transferring employee’s employment contract with the old employer is terminated, and the transferring employee will enter into a new employment contract with th...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.6 What liabilities transfer to the new employer? Is there joint liability with the old employer?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Generally, liabilities stemming from any litigation (e.g. an unfair dismissal or work-injury claim) will not transfer, as the old employer remains the named respondent.   Commercially, it is possible for transferors and transferees t...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.7 What happens to any collective agreements? Do they transfer to the new employer?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Where there is a transfer of business in the sense described in section 14.2 above, any ‘transferable instrument’ that covered the old employer prior to the transfer will normally cover the new employer and the transferring employ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.8 Can employers make changes to people's employment contracts?
Updated on 15 August 2020 by Corrs Chambers Westgarth

As discussed in section 14.2 above, contracts of employment do not ‘transfer’ in Australia in transfer of business situations. The transferring employee’s employment contract with the old employer is terminated, and the transferrin...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.9 When can employees be safely dismissed during or after a transfer?
Updated on 15 August 2020 by Corrs Chambers Westgarth

The transferee in a transfer of business situation is not obliged to offer employment to all or any of the employees of the transferor. In that sense, employees can ‘safely’ be dismissed at any time in the context of a transfer.  If...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.10 Is there a requirement to consult with employees (or their representatives) upon a business transfer? Who must employers consult?
Updated on 15 August 2020 by Corrs Chambers Westgarth

A requirement to consult with employees or their representatives will generally be imposed only on the old employer, and can derive from:  applicable industrial instruments, such as an enterprise agreement or modern award; and  the...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.11 What information must employers provide before transfer?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Industrial instruments  Where the standard consultation clause under a modern award applies, the old employer is required to provide in writing to the employees and their representatives all relevant information about the change including ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.12 What does a consultation involve and how long does it last in practice?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Industrial instruments  The form and procedure of the relevant consultation obligations may differ depending on the applicable modern award or enterprise agreement. Consultation generally involves discussing a framework of the proposed ter...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.13 What happens if an employer fails to inform and consult properly?
Updated on 15 August 2020 by Corrs Chambers Westgarth

Industrial instruments  Failure to comply with a consultation term of a modern award or enterprise agreement could result in the imposition of civil penalties and the making of other court orders. Where a party (most typically a un...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.14 What happens to the works council and other employee representatives upon the transfer of a business?
Updated on 15 August 2020 by Corrs Chambers Westgarth

There are no statutory provisions relating to works councils in Australia.  Any representative arrangements that may be in place at the transferor are a matter between the transferor and its employees and/or their unions. If those arrang...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15. Pensions
15.1 Are employees entitled to receive state pension benefits? If so, what are their basic rights under the state pension?
Updated on 01 April 2020 by Corrs Chambers Westgarth

The nearest Australian equivalent to ‘state pension benefits’ is the ‘Age Pension’. This is a basic retirement income stream funded from Government revenue. It is one of the three pillars of the Australian retirement income system (...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.2 Is there a requirement for employers to provide employees with access to a pension scheme? If so, are there any minimum legal requirements for that pension scheme?
Updated on 01 April 2020 by Corrs Chambers Westgarth

Current requirements In order to avoid being taxed, employers are required to make contributions for employees under a federal legislative system called the ‘Superannuation Guarantee’ (‘SG’). This system requires emp...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.3 Can an employer fund and operate its own pension scheme for its employees? If so, how might the scheme operate?
Updated on 01 April 2020 by Corrs Chambers Westgarth

It is possible for an employer in Australia to operate a superannuation fund for the benefit of its employees. These private employer-sponsored funds are generally referred to as ‘corporate funds’. Despite the positive performance of th...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.4 Is there a requirement to consult with employees (or their representatives) about proposed changes to an employer's pension arrangements? If so, what are the consultation requirements?
Updated on 01 April 2020 by Corrs Chambers Westgarth

In Australia, obligations to provide information to fund members or seek their consent in relation to superannuation changes generally rest with the trustee of the fund rather than the employer. This is a consequence of the trust-based stru...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.5 In general terms, what is the tax treatment of pensions in your country?
Updated on 01 April 2020 by Corrs Chambers Westgarth

Consistent with the Government’s policy of encouraging investment in superannuation to fund retirement, superannuation moneys receive concessional tax treatment in Australia. The Australian Tax Office (the ‘ATO’) is responsible for th...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.6 What, if anything, needs to be put in the contract of employment about pensions' entitlement?
Updated on 01 April 2020 by Corrs Chambers Westgarth

Current requirements The various rules governing the content of employment contracts in Australia do not impose any specific requirements to include information about superannuation. However, if an employer chooses to include information ab...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1. Recruitment
1.1 Do advertisements for jobs require any particular wording or details about the job?
Updated by Schima Mayer Starlinger

Job advertisements must not be worded in a discriminatory way. They must be worded gender-neutrally. They must specify the minimum wage according to law and the applicable collective agreement for the position. If no mandatory regulations o...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.2 What checks can an employer carry out about the background (including social media checks) and health of job applicants and at what stage in the hiring process? Can employers ask for references?
Updated by Schima Mayer Starlinger

The employer must not ask for details of health conditions that will not affect performance or are not relevant for the job (e.g. HIV where the position is office-based). An employer may check if the employee is in a state of health that wi...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.3 Can employment be made subject to a probationary period? If so, how long for?
Updated by Schima Mayer Starlinger

An offer of employment may be made subject to the completion of a probationary period. The probationary period must not be longer than one mo...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.4 Are there special rules about dismissal during a probationary period?
Updated by Schima Mayer Starlinger

During a one-month probationary period, either party may terminate the employment contract with immediate...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.5 Can job applicants bring claims against the prospective employer? What might they claim for?
Updated by Schima Mayer Starlinger

Job applicants may bring claims for compensation against a prospective employer if their applications were rejected for...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.6 What processes should be followed in employing foreign workers?
Updated by Schima Mayer Starlinger

An employer must obtain a work permit for a foreign worker if the foreign worker does not have a permit allowing him or her to nominate an employer in Austria. There are various different types of work permits. For example, qualified employ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.7 What records should an employer keep about the employment of foreign workers?
Updated by Schima Mayer Starlinger

Foreign workers who do not belong to an EEA country require a work permit. Therefore, the employer must kee...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.8 Can employers keep their records about candidates they did not hire?
Updated on 06 July 2020 by Schima Mayer Starlinger
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
1.9 What questions can’t employers ask in interviews?
Updated by Schima Mayer Starlinger
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
2. Employment Contracts
2.1 What determines whether an individual is an employee or an independent contractor and what is the practical difference?
Updated by Schima Mayer Starlinger

Whether an individual is considered to be an employee or an independent contractor depends predominantly on the following criteria: whether the individual must work fixed hours and in a specific workplace; whether the individual may assign...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.2 Are there any other key distinctions between types of employees (e.g. blue collar, white collar, or sales representatives) and what practical difference does this make?
Updated on 17 December 2020 by Schima Mayer Starlinger

Austrian labour law distinguishes between blue and white-collar employees. Under the  White-Collar Employees Act (Angestelltengesetz) a white-collar employee is a person who is employed predominantly in commercial or other higher, non-comm...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.3 Are there any special rules that apply to the employment of company directors?
Updated by Schima Mayer Starlinger

There are some rules which apply specifically in connection with the employment of company directors, as they are always considered to be...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.4 Are there any rules about part-time employment and do employees have a right to request part-time or flexible arrangements?
Updated by Schima Mayer Starlinger

In general, employees are not entitled to request part-time hours except for parental reasons. Essentially, there are no restrictions regarding part-time employment. Employers and employees are therefore free to agree on part-time working a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.5 Are there any rules or restrictions on fixed-term employment?
Updated by Schima Mayer Starlinger

Employees and employers are generally free to agree on fixed-term employment. However, employment contracts for a definite period cannot...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.6 When is a fixed-term employment contract converted into an indefinite-term contract?
Updated by Schima Mayer Starlinger

If there is no justification for concluding multiple fixed-term contracts in succession, the empl...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.7 What are the legal and practical implications of engaging temporary workers through an employment agency?
Updated by Schima Mayer Starlinger

Essentially, employers are free to employ temporary workers through an employment agency. In fact, the employment n...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.8 Can the employer put its employees at the disposal of another company? If so, what restrictions apply?
Updated by Schima Mayer Starlinger

The employer may put its employees at the disposal of another organisation, but some aspects of employment law will apply to it. The law provides for equal treatment during the assignment. So...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3. Terms and Conditions
3.1 Is it necessary to provide a written employment contract? If so, what terms must be in the contract and when must the contract be provided?
Updated by Schima Mayer Starlinger

There is no obligation to provide a written employment contract in Austria. However, the employee is entitled to written notification (‘Dienstzettel’) setting out the main duties and obligations arising from employment immediately after...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.2 Is it common in your country to issue an offer letter in addition to the employment contract?
Updated by Schima Mayer Starlinger

It is not common practice i...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.3 What language should the employment contract be in?
Updated by Schima Mayer Starlinger

There is no mandatory requirement in terms of the language that must be used in an employment contract. The contract may be in English as well as German provided all the parties understand it. Ho...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.4 Are there any terms that are always implied into an employment contract, even if they are not set out in writing? What are they?
Updated by Schima Mayer Starlinger

Generally, statutory law, collective agreements and workplace agreements regulate a significant part of the employment relationship even if not explicitly set out in the contract. As a rule, individual employment contracts cannot change pro...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.5 Does the written contract of employment have to contain all the terms and conditions of employment or is it possible to incorporate terms from other agreements or documents?
Updated by Schima Mayer Starlinger

Applicable collective agreements and workplace agreements regulate the employment relationship even if they are not set ou...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.6 What are the legal considerations when an employer wants to make changes to employees’ terms and conditions?
Updated by Schima Mayer Starlinger

Generally, if a change to the employees’ terms and conditions is not covered by the employment contract and/or is not reasonable (e.g. modification of the w...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3.7 What documentation is normally made available to the employee in addition to contractual documents? How are non-contractual documents distinguished from contractual ones?
Updated by Schima Mayer Starlinger

All documents that are referred to in the ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4. Compensation and Benefits
4.1 Is there a minimum wage? Does it have to be paid through basic salary only, or can other payments made to the employee (e.g. tips, bonuses, housing allowance etc) be included?
Updated on 01 April 2020 by Schima Mayer Starlinger

There is no statutory minimum wage. However, minimum wages can be set in collective bargaining agreements. The ‘social partners’ (i.e. the Austrian Economic Chambers and the Austrian Trade Union Federation) signed an agreement in princi...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.2 Are wages automatically adjusted in line with inflation? If so, how does this work?
Updated on 01 April 2020 by Schima Mayer Starlinger

There is no requirement to adjust wages in line with i...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.3 In outline, what tax and social security obligations are on the employer and employee and what arrangements must be put in place to ensure these are met?
Updated on 01 April 2020 by Schima Mayer Starlinger

Tax and the employees’ social security contributions are deducted from the employees’ gross salary and paid to the relevant authorities by the employer. The employer is liable for the deduction and payment of the contributions. Social s...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.4 What is the rate of income tax and social security for an employee with an income of EUR 100,000, married with two children?
Updated on 01 April 2020 by Schima Mayer Starlinger

For an annual gross salary of EUR 100,000 the tax payable would be approximately 26% (i.e. EUR 26,000) and the social security contribution approximately 13% (i.e. EUR 13,000). Therefore, the net amount would...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.5 Are there rules governing the payment of bonuses? What type and size of bonuses are common in practice? If someone leaves, is it possible to claw back bonus already paid out?
Updated on 01 April 2020 by Schima Mayer Starlinger

There are no specific rules governing the payment of bonuses, other than the regulations set out in the Corporate Governance Codex that apply to members of management bo...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.6 Are employers required to provide any particular benefits to employees (other than pension contributions)? If so, what are they?
Updated on 01 April 2020 by Schima Mayer Starlinger

Employers pay social insurance contributions for the statutory pension, health, unemployment scheme...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

4.7 In practice, what benefits are usually offered to employees?
Updated on 01 April 2020 by Schima Mayer Starlinger

The benefits that employers offer to employees...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5. Working Hours
5.1 Is there a limit on daily and/or weekly working hours?
Updated on 01 April 2020 by Schima Mayer Starlinger

The daily limit on normal working hours is eight hours. The weekly limit is 40 hours. However, collective agreements may provide for lower limits of working hour...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.2 If so, is it possible to exceed this limit through agreement?
Updated on 01 April 2020 by Schima Mayer Starlinger

The limits on working hours may be exceeded by a flexible allocation of working time and overtime, generally based on collective bargaining agreements or works agreements. However, the new maximum daily working time introduced in September&...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.3 Are any employees exempt from the rules about working time?
Updated by Schima Mayer Starlinger
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.4 What time recording obligations are there on employers?
Updated on 01 April 2020 by Schima Mayer Starlinger

The employer must monitor employees’ working time and ensure ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.5 Does the law allow for or encourage agile working (having self-managing interdisciplinary teams with employees switching between them based on company requirements; flexible working time; open-plan offices; increased remote working)? If so, what are the rules?
Updated by Schima Mayer Starlinger
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.6 Are there any limits on overtime work?
Updated on 01 April 2020 by Schima Mayer Starlinger

Working time, including overtime, must not exceed twelve hours a day or 60 hours a week, ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.7 Do we need to get consent from employees for overtime?
Updated by Schima Mayer Starlinger
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.8 Is there a specific rate of pay that applies to overtime? If so, please specify.
Updated on 01 April 2020 by Schima Mayer Starlinger

According to Austrian law, overtime work must be remuner...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.9 What rules (if any) are there regarding breaks and rest periods?
Updated on 01 April 2020 by Schima Mayer Starlinger

If the daily working hours exceed six hours, the employee must take a 30 minute break. This break is usually unpaid unless otherwise agreed. Employees are also entitled to a daily rest period of at least 11 hours and a weekly rest peri...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

5.10 What are the consequences for an employer of: (a) exceeding the limits on daily/weekly working hours; and (b) breaking the rules on breaks and rest periods?
Updated on 01 April 2020 by Schima Mayer Starlinger

For exceeding the limits on daily or weekly working hours ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6. Time Off Work
6.1 What is the minimum entitlement to annual leave?
Updated on 01 July 2020 by Schima Mayer Starlinger

The statutory annual leave entitlement is 25 working days. If Saturday is included as a working day, the annual entitlement is 30 working days. The entitlement increases after 25 years of service to 30 working days and 36 working days if Sa...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.2 How much are employees entitled to be paid for annual leave?
Updated on 01 July 2020 by Schima Mayer Starlinger

For periods of leave an employee is entitled to the remuneration he or she would have received if not on holiday. The method of calculation depends on the remuneration pattern: Remu...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.3 Do employees have a right to paid time off work for public holidays?
Updated on 01 July 2020 by Schima Mayer Starlinger

There are 13 paid public holidays in Austria which must be provided and are not included in the statutory minimum holiday entitlement. Employees may only work on public holidays as permitted by law. If they do work, they will receive salary...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.4 What rules apply to employees who are absent from work on account of sickness?
Updated on 01 July 2020 by Schima Mayer Starlinger

Employees who fall ill or who are injured unintentionally or without gross negligence are entitled to paid sick leave for: a minimum of six weeks and a maximum of 12 weeks at full pay; a further four weeks (i.e. after the 6 to 12-week peri...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.5 What are the arrangements for family-related leave and pay? In practice, do employers provide the minimum only, or might they make more generous arrangements?
Updated on 01 July 2020 by Schima Mayer Starlinger

Maternity rights Pregnant employees and mothers are protected from dismissal from the date of the pregnancy until at least four months after giving birth. During this time, these employees can only be dismissed based on a prior court order....

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

6.6 What types of leave (other than family or care-related leave) are available?
Updated on 01 July 2020 by Schima Mayer Starlinger

Educational leave Educational leave may be agreed between the employer and employee if the employee has worked for the organisation for a minimum of six months. This kind of leave must be used for the further training of the employee and ca...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

7. Health and Safety
7.1 Broadly, what are the minimum legal standards that an employer must meet to ensure the safety of employees?
Updated on 01 July 2020 by Schima Mayer Starlinger

Employers have a general obligation to organise working conditions in a way that protects the life and health of employees. Employers must also safeguard employees’ interests. Accordingly, ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

7.2 How are health and safety rules regulated and enforced in practice?
Updated on 01 July 2020 by Schima Mayer Starlinger

There are two major laws regarding health and safety issues at work. Both laws include obligations for the employer and for employees regarding health and safety. All the regulations are compulsory. Essentially, the employer is responsible ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

7.3 What are the consequences for employers of breaches of health and safety rules?
Updated on 01 July 2020 by Schima Mayer Starlinger

Health and safety provisions are enforced by the Labour Inspectorate (‘Arbeitsinspektorat’). The violation of statutory employee-protection provisions can lead to high a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

7.4 Can an employer be liable for the activities of third-party contractors?
Updated on 01 July 2020 by Schima Mayer Starlinger

In general, employers ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

7.5 If there is a serious work accident, is there a requirement to notify the authorities and what does this involve?
Updated by Schima Mayer Starlinger
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8. Discrimination
8.1 What kinds of characteristics are protected by discrimination law?
Updated on 01 July 2020 by Schima Mayer Starlinger

Equal treatment law aims to ensure that men and women are treated equally at work. In 2000, two EU directives came into force with the following objectives: to implement the principle of equal treatment between persons irrespective of raci...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.2 Are there circumstances where it is not discriminatory to treat someone differently when they have (or do not have) one of these characteristics?
Updated on 01 July 2020 by Schima Mayer Starlinger

According to equal treatment law, when recruiting employees an employer is prohibited from discriminating against job applicants on any of the prohibited grounds. This includes the terms of remuneration. Exceptions can be permitted if diffe...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.3 Is there a duty on employers to avoid 'indirect' discrimination (i.e. where a rule applied to all employees disadvantages a protected group)?
Updated on 01 July 2020 by Schima Mayer Starlinger

Indirect forms of discrimination are prohibited. For example, part-time employees must not be treated less favourably than full...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.4 Is there an obligation to make reasonable adjustments, e.g. for disabled employees or those with religious beliefs?
Updated by Schima Mayer Starlinger
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.5 Is there protection against harassment based on a protected characteristic?
Updated on 01 July 2020 by Schima Mayer Starlinger

Harassment is deemed to be a form of discrimination under equal treatment law. Sexual and other forms of harassment a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.6 Is there protection against victimisation or retaliation (i.e. where an employee is badly treated for having complained about discrimination, or helped someone else complain)?
Updated on 01 July 2020 by Schima Mayer Starlinger

An employee must not be discriminated against or dismissed simply because he or she has brought an ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.7 What are the potential consequences for the employer if a claim for discrimination, harassment or victimisation/retaliation is successful?
Updated on 01 July 2020 by Schima Mayer Starlinger

A job applicant who is discriminated against by an employer in the recruitment process is entitled to compensation. Essentially, the amount of compensation for not getting a job based on discrimination is equal to at least two months’ rem...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.8 If there is a claim for discrimination, how is the burden of proof shared and what are the most commons defences?
Updated by Schima Mayer Starlinger
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.9 Can an employer be liable for the discriminatory actions of its employees or third parties (e.g. customers or suppliers)?
Updated on 01 July 2020 by Schima Mayer Starlinger

Equal treatment law not only prohibits discriminatory behaviour on the part of the employer, but also that of its representa...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.10 Are there statutory gender pay gap reporting obligations in your country?
Updated by Schima Mayer Starlinger
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.11 What legal obligations do employers have to protect the mental health of their employees? Are mental health conditions a protected characteristic, in terms of protection against dismissal or from discrimination? What are the legal obligations of employers where a mental health condition is protected by law?
Updated by Schima Mayer Starlinger
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.12 In practice, how common are discrimination claims by employees?
Updated on 01 July 2020 by Schima Mayer Starlinger

There is no publicly available information about recent types of claims. We are aware that discrim...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

8.13 What are the typical amounts of awards made in cases of unlawful discrimination?
Updated by Schima Mayer Starlinger
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
9. Employee Data Privacy
9.1 Are there rules on the protection of employee information?
Updated on 01 July 2020 by Schima Mayer Starlinger

There are no rules that are specific to employee information, but the provisions of the General Data Protection Regulation (GDPR) are applicable for any person processing personal data belonging to someone else (which would include an emplo...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

9.2 What are the consequences if an employer breaches these rules?
Updated on 01 July 2020 by Schima Mayer Starlinger

Breach of the General Data Protection Regulation (‘GDPR’) can result in serious financial penalties: fines up to EUR 20 million or 4% of a company’s total global turnover in the previous fiscal year (whichever is higher) for the most ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

9.3 In practice, how can an employer collect and process confidential employee information?
Updated on 01 July 2020 by Schima Mayer Starlinger

An employer may collect and process confidential employee information, but if it is ‘personal data’ (that is, information relating to an identifiable living individual, who can be identified directly or indirectly by reference to the da...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

9.4 What are the restrictions (if any) on the monitoring of employees?
Updated on 01 July 2020 by Schima Mayer Starlinger

Employers may have a legitimate interest to protect by implementing technology that monitors the activities of its employees, but these interests must be balanced with an employee’s right to privacy, which extends to the person’s workpl...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

9.5 What is the legal position with regard to the use of social media in the workplace and when employees are off duty?
Updated on 01 July 2020 by Schima Mayer Starlinger

There is no case law concerning access of employees’ social media by employers. However, there is legal doctrine concerning the use of the Internet and emails by employees for private reasons to the effect that if private use of the Inter...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

9.6 Is there any protection for employees who 'blow the whistle' on what they think are unlawful or immoral activities?
Updated on 01 July 2020 by Schima Mayer Starlinger

Since 2013 the Economic and Corruption Prosecutor has had its own website so that, under the guarantee of full anonymity, reports of corruption and economic crime can be made. At first this was only a test model but because of its success, ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

10. Employee Competition and Confidentiality
10.1 How can an employer ensure employees keep work-related information confidential?
Updated on 01 July 2020 by Schima Mayer Starlinger

According to Austrian law an employee must act in good faith in relation to his or her employer. This means that he or she must safeguard the employer’s interests. The employee is obliged to keep professional secrets if the employer has a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

10.2 How can an employer ensure employees do not act in competition with it?
Updated on 01 July 2020 by Schima Mayer Starlinger

By law, employees must not take part in activities that compete with their employer during the employment relationship. It is grounds for dismissal if employees operate an independent commercial enterprise or engage in trading activ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

10.3 Once employment has ended, can an employer restrict the use of confidential information by employees?
Updated on 01 July 2020 by Schima Mayer Starlinger

There is generally only a duty to keep work-related informat...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

10.4 Once employment has ended, can an employer prevent employees from acting in competition with it?
Updated on 01 July 2020 by Schima Mayer Starlinger

Generally, the prohibition against competition ends when the employment relationship ends, unless otherwise agreed. In accordance with the law for white-collar and blue-collar workers the duty not to compete can extend beyond termination of...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11. Worker Representation
11.1 What is the role of trade unions in your jurisdiction?
Updated on 01 November 2019 by Schima Mayer Starlinger

The Austrian Trade Union Federation (Österreichischer Gewerkschaftsbund, ‘ÖGB’) is an umbrella organisation of labour unions of employees. It is the only voluntary association of employees in Austria. It is subdivided into seven membe...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.2 Do workforces tend to be unionised?
Updated on 01 November 2019 by Schima Mayer Starlinger

The Austrian Trade Union Federation has approximately 1.20 million members (union density of approximately 40%), while the Chambers of Labour have appro...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.3 Does an employer have to work with an established trade union? If there is no union, must an employer establish or recognise one?
Updated on 01 November 2019 by Schima Mayer Starlinger

In Austria employers are not required to work with trade unions. The majority of employers are represented by the Austrian Federal Economic Chambers (Österreichische Wirtschaftskammer...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.4 What role do employee representative bodies have in the workplace? Is there an obligation to inform and/or consult? Do they have any decision-making powers? When is an employer required to recognise or set up an employee representative body?
Updated on 01 November 2019 by Schima Mayer Starlinger

A works council must be set up if a business permanently employs at least five employees over the age of 18. A ‘business’ means a workplace that forms an organisational unit that has a production process or operation largely independent...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

11.5 What legal restrictions are placed on trade unions in terms of organising strikes and other industrial action?
Updated on 01 November 2019 by Schima Mayer Starlinger

There is very little law about strikes and other industrial action in Austria. Only a few isolated regulations in constitutional law, labour law, and social security law exist. There is no law th...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12. Termination of Employment
12.1 On what grounds can an employer lawfully terminate employment?
Updated on 01 November 2019 by Schima Mayer Starlinger

Under Austrian law the employer can give notice without giving a reason. It is not necessary to demonstrate a redundancy situation or any other reasons. In principle, giving notice in writing is only obligatory when contractually agreed, bu...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.2 What employee protection exists where an employer terminates without lawful grounds?
Updated on 01 November 2019 by Schima Mayer Starlinger

Employees employed for more than six months in a business with at least five permanent employees are entitled to general protection against termination. This means they have the option to appeal against a dismi...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.3 What is the legal or best practice process for terminating and what happens if an employer fails to follow it?
Updated on 01 November 2019 by Schima Mayer Starlinger

There are no statutory selection criteria that need to be used in redundancy situations. The employer can give notice without giving a reason. In terms of termination for employee-related reasons, such as poor performance, the employer may ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.4 Are there any special protections against dismissal?
Updated on 01 November 2019 by Schima Mayer Starlinger

Special protection against termination applies to the following groups of employees: disabled employees who have been with the organisation for at least six months, with certain exceptions (the degree of disability must be officially deter...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.5 What is the minimum notice period? Are there circumstances where an employee may be entitled to longer?
Updated on 01 November 2019 by Schima Mayer Starlinger

The statutory notice period for employees is one month from the end of each calendar month. It is possible to contractually agree on a longer termination period for the employee, but it must not be longer than the notice period for the empl...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.6 Can an employer summarily dismiss by making a payment in lieu of notice? Is summary dismissal ever possible without payment in lieu?
Updated on 01 November 2019 by Schima Mayer Starlinger

The employee is entitled to the same financial treatment during the notice period, as Austrian labour law does not provide for payment in lieu of notice. The employee is also obliged to work during the notice period. It is possible to relea...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.7 What happens if an employee resigns? Could this be regarded as constructive dismissal?
Updated on 01 November 2019 by Schima Mayer Starlinger

Ordinarily, an employee who resigns is subject to the same notice terms and notice period that apply to termination by the employer (see section 12.5). If the employee resigns with immediate effect, the employment will be deemed terminated ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.8 Is it possible to retire an employee compulsorily?
Updated on 01 November 2019 by Schima Mayer Starlinger

It is not possible to retire an employee compulsorily when he or she reaches the statutory retirement age. T...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.9 What payments must be made to an employee on termination of employment?
Updated on 01 November 2019 by Schima Mayer Starlinger

The employee is entitled to the same financial treatment during the notice period as during ordinary employment and this covers the following: remuneration until the end of the notice period; pro-rata holiday pay (i.e. pay for unused annua...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

12.10 How can an employer settle claims against it by an employee?
Updated on 01 November 2019 by Schima Mayer Starlinger

It is possible to settle claims by employees by means of a voluntary termination payment, bu...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13. Collective Dismissals
13.1 Must employers consult with employees about multiple dismissals and how many dismissals trigger this requirement?
Updated on 01 November 2019 by Schima Mayer Starlinger

The employer must notify the works council if it plans to give notice of termination to an employee. The works council has one week to consent, disagree, or offer no views. This so-called ‘preliminary procedure’ must be observed for eve...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.2 What information must be provided about the dismissals? When must it be given and to whom?
Updated on 01 November 2019 by Schima Mayer Starlinger

In cases of collective redundancy, the employer must provide the Public Employment Service (the ‘Arbeitsmarktservice’, or ‘AMS’) with written notification of the planned dismissals within a 30-day period. Before notifying AMS, the e...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.3 Is there a legal process for consultations? How long do consultations take in practice?
Updated on 01 November 2019 by Schima Mayer Starlinger

There is no minimum consultation period, but it must be held when the works council still has a genuine opportunity to assess the consequenc...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.4 What happens if the employer fails to comply with the information and consultation requirements?
Updated on 01 November 2019 by Schima Mayer Starlinger

If an employer fails to conduct the so-called ‘preliminary procedure’ (i.e. the in...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.5 Are there any additional payments to make to employees in cases of collective redundancy?
Updated on 01 November 2019 by Schima Mayer Starlinger

 In principle, there are no additional payments to be made in addition to the statutory severance payment that dismissed employees may be entitled to (if they belong to the pre-2003 severance payment scheme)....

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

13.6 Is there a statutory selection order that must be applied when a number of dismissals take place?
Updated on 01 November 2019 by Schima Mayer Starlinger

There is no statutory selection order for dismissals under Austrian law. However, if an employer is basing dismissals on operational reasons, the emplo...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14. Business Transfers
14.1 Are employees protected if the identity of their employer changes following a share takeover?
Updated on 01 November 2019 by Schima Mayer Starlinger

A transfer of undertaking requires a change of the identity of the employer (owner). This will not generally be...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.2 Are employees protected if the business in which they work is sold to a new employer? Are they protected if a service is outsourced or the business is partially transferred?
Updated on 01 November 2019 by Schima Mayer Starlinger

Sale of a business If the business is sold, the buyer, as the new employer, becomes automatically bound by the rights and obligations contained in each individual employment contract. The employee transfer rules apply to sales, leases, or t...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.3 If employees are protected upon transfer of the business to a new employer, what are the duties of the old and new employer?
Updated on 01 November 2019 by Schima Mayer Starlinger

For the old employer: It must inform and consult in advance with the works council, if one exists, about the planned transfers. If no works council is established, either the old employer or the new employer must inform the employees in ad...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.4 Can employees object to transferring to a new employer?
Updated on 01 November 2019 by Schima Mayer Starlinger

There is no general right for employees to object a transfer and therefore the employment contract with the transferee remains valid. However, employees have a right to object that...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.5 What happens to the terms of the employment contracts? What happens to employee benefits that are not part of the employment contract (e.g. bonuses)?
Updated on 01 November 2019 by Schima Mayer Starlinger

Terms The transferee, as the new employer, must take over all rights and obligations contained in each individual employment contract. This happens automatically by operation of law. Therefore, employees may not be employed by the transfere...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.6 What liabilities transfer to the new employer? Is there joint liability with the old employer?
Updated on 01 November 2019 by Schima Mayer Starlinger

As soon as the transferee steps into the existing employment contract as the new employer, replacing the transferor, any liabilities resulting from that contract are also transferred. For obligations arising from the period prior ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.7 What happens to any collective agreements? Do they transfer to the new employer?
Updated on 01 November 2019 by Schima Mayer Starlinger

Upon transfer, the employment contract will be governed by the collective agreement of the transferee. If both the transferee and the transferor are subject to the same collective agreement, there will be no change. If a different collectiv...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.8 Can employers make changes to people's employment contracts?
Updated on 01 November 2019 by Schima Mayer Starlinger

Changes to individual contracts can be made only by mutual agreement or if one party has reserved the right to unilaterally change employment conditions. This right can only be exercised in good faith and is usually connected to bonus or pr...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.9 When can employees be safely dismissed during or after a transfer?
Updated on 01 November 2019 by Schima Mayer Starlinger

Neither the transferor nor the transferee may dismiss employees by reason of the transfer. Such a termination might be effective at first, but the employee could bring an action for a declaratory judgment that the dismissal was based on the...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.10 Is there a requirement to consult with employees (or their representatives) upon a business transfer? Who must employers consult?
Updated on 01 November 2019 by Schima Mayer Starlinger

The seller must inform and consult in advance with the works council, if one exists, about planned transfers. If no works council has been established, either the seller or the buyer must ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.11 What information must employers provide before transfer?
Updated on 01 November 2019 by Schima Mayer Starlinger

The following information must be provided: the date or proposed date of the transfer; the reason for the transfer; the legal, economic and social ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.12 What does a consultation involve and how long does it last in practice?
Updated on 01 November 2019 by Schima Mayer Starlinger

If a works council has been established and the changes are detrimental to employees, the works council may make recommendations to alleviate or avoid negative effects, and might wish to co-op...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.13 What happens if an employer fails to inform and consult properly?
Updated on 01 November 2019 by Schima Mayer Starlinger

There are no direct sanctions if the obligations to inform and consult are disregarded, but the emplo...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

14.14 What happens to the works council and other employee representatives upon the transfer of a business?
Updated on 01 November 2019 by Schima Mayer Starlinger

If the entire business is transferred, the existing works council and any works agreements remain unaffected. However, if only part of the business is transferred (i.e. becomes legally independent), the existing work...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15. Pensions
15.1 Are employees entitled to receive state pension benefits? If so, what are their basic rights under the state pension?
Updated on 01 November 2019 by Schima Mayer Starlinger

Both employees and employers pay social security contributions into the compulsory public ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.2 Is there a requirement for employers to provide employees with access to a pension scheme? If so, are there any minimum legal requirements for that pension scheme?
Updated on 01 November 2019 by Schima Mayer Starlinger

Employers are required to pay contributions to the compulsory public pension scheme but there is no other requirement for an employer to provide its employees with access to a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.3 Can an employer fund and operate its own pension scheme for its employees? If so, how might the scheme operate?
Updated on 01 November 2019 by Schima Mayer Starlinger

Employers are free to provide company pension schemes for their employees. These pension schemes are regulated by a law which provides a framework to ensure the payment of benefi...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.4 Is there a requirement to consult with employees (or their representatives) about proposed changes to an employer's pension arrangements? If so, what are the consultation requirements?
Updated on 01 November 2019 by Schima Mayer Starlinger

A company group insurance scheme (‘Betriebliche Kollektivversicherung’) or commitment to a pension scheme (‘Pensionskassenzusage’) must be established by way of a works agreement. Pension schemes may be set up by co...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.5 In general terms, what is the tax treatment of pensions in your country?
Updated on 01 November 2019 by Schima Mayer Starlinger

Pensions are subject to taxation. However, employees...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

15.6 What, if anything, needs to be put in the contract of employment about pensions' entitlement?
Updated on 01 November 2019 by Schima Mayer Starlinger

A pension scheme can be based on an individual contract between the employer and the em...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1. Recruitment
1.1 Do advertisements for jobs require any particular wording or details about the job?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

There is no prescribed form of wording required for job advertisements or details that need to be included. However, care should be taken to ensure that the advertisement does not discriminate between applicants on grounds of race, origin,...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.2 What checks can an employer carry out about the background (including social media checks) and health of job applicants and at what stage in the hiring process? Can employers ask for references?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

Employers are not prohibited from carrying out background checks and these can be done at any stage in the hiring process. Nevertheless, it is recommended that checks should only be carried out where they are proportionate and necessary, ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.3 Can employment be made subject to a probationary period? If so, how long for?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

Bahrain labour law allows employers to apply a probationary period where this is expressly stated in the employment contract. Probation can be applied only once during the period of employment. The probationary period can last up to t...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.4 Are there special rules about dismissal during a probationary period?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

The employer or the employee can give notice to terminate the employment contract at any time during the probationary period.  At least one day’s written notice must be given. ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.5 Can job applicants bring claims against the prospective employer? What might they claim for?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

The Bahrain Labour Law does not expressly extend any protection to job applicants.  It is arguable that applicants can bring a claim of discrimination on grounds of race, origin, religion, language or belief where they have been denied a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.6 What processes should be followed in employing foreign workers?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

Foreign nationals are required to have a work permit sponsored by an employer in Bahrain. The application for the work permit must be submitted to the Labour Market Regulatory Authority (‘LMRA’) using the online Expat Managem...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.7 What records should an employer keep about the employment of foreign workers?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
1.8 Can employers keep their records about candidates they did not hire?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

Employers can keep their records about unsuccessful job candidates provided that the individual has given consent in writing for his or her data to be processed and retained. ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

1.9 What questions can’t employers ask in interviews?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

Whilst there is nothing in the law that prohibits employers from asking any particular questions during interviews, they should nevertheless refrain from asking questions regarding the individual’s political or religious beliefs, sexu...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2. Employment Contracts
2.1 What determines whether an individual is an employee or an independent contractor and what is the practical difference?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

The Bahrain Labour Law applies to all employees, who are defined as ‘natural persons working in return for a wage and under the employer’s management and supervision’. The concept of independent contractor does not expres...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.2 Are there any other key distinctions between types of employees (e.g. blue collar, white collar, or sales representatives) and what practical difference does this make?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

There are no key distinctions between employees who are blue collar/white collar/sales representatives under the Bahrain Labour Law. However, the Labour Law does not apply to domestic workers and persons regarded as such, including a...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.3 Are there any special rules that apply to the employment of company directors?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

There are two types of directors in Bahrain: (i) a company director who is officially appointed via a board or shareholders’ resolution and is listed in the company’s Commercial Register, and (ii) an employee simply having an o...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.4 Are there any rules about part-time employment and do employees have a right to request part-time or flexible arrangements?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

Bahraini labour law does not address part-time or flexible working. As such, there is no prohibition or restriction on such arrangements, but employees do not have a legal right to request them. ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.5 Are there any rules or restrictions on fixed-term employment?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

There are certain rules under the labour laws governing fixed-term employment.   Fixed-term employment contracts automatically terminate at the end of the contractual period unless renewed by an express agreement between the partie...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.6 When is a fixed-term employment contract converted into an indefinite-term contract?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

A fixed-term employment contract will convert into an indefinite-term contract in the following circumstances:  if the employer and employee continue executing the employment relationship after the expiry of the fixed contractual...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.7 What are the legal and practical implications of engaging temporary workers through an employment agency?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

The concept of a temporary worker does not exist in the Bahrain labour laws.  Individuals engaged through an agency will not become the employees of the end user client unless there is an express agreement to this effect or the ...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

2.8 Can the employer put its employees at the disposal of another company? If so, what restrictions apply?
Updated on 11 November 2020 by Al Tamimi & Co (Bahrain)

Bahraini labour law does not address secondments, although in practice they are not uncommon. While there are no restrictions in this regard for Bahraini employees, expatriate workers are restricted from working for third parties ot...

Full Article

The rest of the content is only available to members. If you’re already a member or if you want to become one, just click below. It’s free!

3. Terms and Conditions
3.1 Is it necessary to provide a written employment contract? If so, what terms must be in the contract and when must the contract be provided?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
3.2 Is it common in your country to issue an offer letter in addition to the employment contract?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
3.3 What language should the employment contract be in?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
3.4 Are there any terms that are always implied into an employment contract, even if they are not set out in writing? What are they?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
3.5 Does the written contract of employment have to contain all the terms and conditions of employment or is it possible to incorporate terms from other agreements or documents?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
3.6 What are the legal considerations when an employer wants to make changes to employees’ terms and conditions?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
3.7 What documentation is normally made available to the employee in addition to contractual documents? How are non-contractual documents distinguished from contractual ones?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4. Compensation and Benefits
4.1 Is there a minimum wage? Does it have to be paid through basic salary only, or can other payments made to the employee (e.g. tips, bonuses, housing allowance etc) be included?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4.2 Are wages automatically adjusted in line with inflation? If so, how does this work?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4.3 In outline, what tax and social security obligations are on the employer and employee and what arrangements must be put in place to ensure these are met?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4.4 What is the rate of income tax and social security for an employee with an income of EUR 100,000, married with two children?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4.5 Are there rules governing the payment of bonuses? What type and size of bonuses are common in practice? If someone leaves, is it possible to claw back bonus already paid out?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4.6 Are employers required to provide any particular benefits to employees (other than pension contributions)? If so, what are they?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
4.7 In practice, what benefits are usually offered to employees?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5. Working Hours
5.1 Is there a limit on daily and/or weekly working hours?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.2 If so, is it possible to exceed this limit through agreement?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.3 Are any employees exempt from the rules about working time?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.4 What time recording obligations are there on employers?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.5 Does the law allow for or encourage agile working (having self-managing interdisciplinary teams with employees switching between them based on company requirements; flexible working time; open-plan offices; increased remote working)? If so, what are the rules?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.6 Are there any limits on overtime work?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.7 Do we need to get consent from employees for overtime?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.8 Is there a specific rate of pay that applies to overtime? If so, please specify.
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.9 What rules (if any) are there regarding breaks and rest periods?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
5.10 What are the consequences for an employer of: (a) exceeding the limits on daily/weekly working hours; and (b) breaking the rules on breaks and rest periods?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
6. Time Off Work
6.1 What is the minimum entitlement to annual leave?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
6.2 How much are employees entitled to be paid for annual leave?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
6.3 Do employees have a right to paid time off work for public holidays?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
6.4 What rules apply to employees who are absent from work on account of sickness?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
6.5 What are the arrangements for family-related leave and pay? In practice, do employers provide the minimum only, or might they make more generous arrangements?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
6.6 What types of leave (other than family or care-related leave) are available?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
7. Health and Safety
7.1 Broadly, what are the minimum legal standards that an employer must meet to ensure the safety of employees?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
7.2 How are health and safety rules regulated and enforced in practice?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
7.3 What are the consequences for employers of breaches of health and safety rules?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
7.4 Can an employer be liable for the activities of third-party contractors?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
7.5 If there is a serious work accident, is there a requirement to notify the authorities and what does this involve?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8. Discrimination
8.1 What kinds of characteristics are protected by discrimination law?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.2 Are there circumstances where it is not discriminatory to treat someone differently when they have (or do not have) one of these characteristics?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.3 Is there a duty on employers to avoid 'indirect' discrimination (i.e. where a rule applied to all employees disadvantages a protected group)?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.
8.4 Is there an obligation to make reasonable adjustments, e.g. for disabled employees or those with religious beliefs?
Updated by Al Tamimi & Co (Bahrain)
No content for this specific topic is available yet for this country. For related enquiries, please get in touch with one of our lawyers.