New OGH decision

Rights at work: When does my vacation entitlement expire?

When does my vacation entitlement expire? What can a boss ask at a job interview and what do I even have to tell him? The two Klagenfurt lawyers Stefanie Köffel and Michael Wohlgemuth explain obligations and rights at work as part of our "Check your rights" series!

Krone: My colleague is sick all week - on Saturday she posts on social media how she's working out at the gym. That annoys me!

Answers from Stefanie Köffel and Michael Wohlgemuth: As long as the sick note does not apply to the weekend and she is healthy again, she is allowed to do so. But an employee on sick leave is obliged to behave in such a way that they are quickly fit for work. Failure to do so may be grounds for dismissal!

Speaking of sick leave: you can't be dismissed while on sick leave - can you?

Yes, in principle, dismissal by the employer is legally permissible even during sick leave. However, if there are inadmissible reasons or if the dismissal is contrary to social law, it can be contested by means of a lawsuit.

I'm an apprentice and have to do dirty work all the time - like cleaning and fetching the boss's children.

The apprenticeship is for the purpose of training; an apprentice may therefore not be asked to do work outside the company or other private matters.

Is it allowed to ask an applicant whether she is pregnant during a job interview?

No, unless the question is of medical importance, for example if the job involves toxic chemicals.

How do you say it in legalese?

Notice of termination: Both employer and employee must observe a notice period. Incidentally, Austria is the only country in Central Europe that does not require a reason for dismissal!

Dismissal: Immediate termination of the employment relationship for good cause by the employer.

Amicable: You part ways by mutual agreement.

Severance pay: The "new" one is taken in a rucksack principle with every job change, the "old" one is only available for certain forms of termination!

When do I have to report a pregnancy?

Immediately after you become aware of it - the Maternity Protection Act also comes into effect with the notification.

The company forces me to take leave when it suits them. Is that possible?

A unilateral order is not possible, unless company leave has been agreed.

Do I currently have to use up my annual leave?

You have three years to use up your annual leave. According to the Supreme Court, it only becomes time-barred if the employer informs its employees of the impending limitation period. The use of vacation must also be reasonable.

I think I earn less than my colleagues.

Only companies with 151 or more employees have to disclose their salaries anonymously, smaller companies do not.