This summer brings a number of legal changes in labor and social law. The following provides an up-to-date overview of the key points:
Special care time
The possibilities of claiming (in the case of a legal entitlement) and agreeing on a special care period for the care of children up to the age of 14, which is necessary due to official closures and official segregations, expired on 8.7.2022. This also applies to the care of persons with disabilities and to the care of relatives in need of care or relatives with disabilities in the event of the loss of the caregiver or personal assistance.
The employer's claim for compensation may still be filed with the federal accounting agency within six weeks after the end of the special care period, i.e., no later than Aug. 16, 2022.
Special exemption for pregnant women
The corona-related leave for pregnant employees who have physical bodily contact with others at work expired at the end of June 2022. The period can be extended by regulation until the end of December 2022. However, there is currently no corresponding legal ordinance.
However, for those employees whose pregnancy occurred before June 30, 2022, the special exemption remains from the beginning of the 14th week of pregnancy with continued payment of the previous remuneration, provided that no alternative employment option (e.g. home office) exists.
The employer's claim for reimbursement must be submitted to ÖGK no later than six weeks after the end of the leave of absence. For leaves of absence ending on 30.6.2022, applications for reimbursement of costs can therefore still be submitted by 12.8.2022 at the latest.
Risk exemption
The entitlement of exemption from work performance with continued payment for risk groups expired at the end of June 2022. The period can be extended by legal ordinance until the end of December 2022 if this is necessary due to the epidemiological overall situation. However, there is currently no corresponding legal ordinance.
The employer's claim for reimbursement must be submitted to ÖGK no later than six weeks after the end of exemption. For leaves of absence ending on 30.6.2022, applications for reimbursement of costs can therefore still be submitted by 12.8.2022 at the latest.
BUAG Amendment
The most relevant points of the amendment, which came into force on 11.6.2022, are as follows:
- Vacation pay is due no later than the pay period and no longer on the last working day before the start of the vacation.
- Employees who become incapacitated before the age of 58 and therefore do not receive a bridging allowance receive compensation amounting to 50% of the bridging allowance to which they are entitled for a maximum of one year.
- The pro rata special payments made by BUAK to the company pension fund are calculated at a flat rate of one sixth.
- Employees are provided with a service card to check their data stored with BUAK.
- Employees can now claim their entitlements under the old severance pay scheme ahead of time.
Short-time work from 1.7.2022
The short-time work subsidy was extended almost unchanged until December 31, 2022.
Three weeks before the start of short-time work, it must be reported to the responsible regional AMS office. Furthermore, a consultation procedure must be completed. This examines whether there are economic reasons for the short-time work and whether it cannot be avoided by other measures.
According to the new social partner agreement (version 11), employees falling into the 80% net replacement rate category receive a supplement of 16% on the minimum gross pay according to the pay table. At a rate of 85%, a supplement of 9% is granted. However, this does not affect the short-time work allowance.
For apprentices in short-time work, the possibility of shortening the training period by more than 50% is extended until 31.12.2022.
Amendments to the Employment of Foreign Nationals Act (AuslBG) and the Settlement and Residence Act (NAG)
The main points are as follows:
- Due to the changes periods of employments, language certificates and job-related work experience for other key employees will be better taken into consideration.
- The salary threshold for other key employees will be revised. For graduates, it will even be eliminated altogether.
- In occupations where there are not enough workers available, the vocational trainings are equalized in terms of points.
In addition to facilitating access to the Blue Card for information and communications technology personnel, the Blue Card salary threshold will also be lowered as a result of the implementation of the Blue Card Directive.
These changes are scheduled to take effect Oct. 1, 2022.
Talk to our experts Julia Mäder und Thomas Neumann
julia.maeder@bdo.at
+43 5 70 375 - 1521
Thomas Neumann
thomas.neumann@bdo.at
+43 5 70 375 - 1720
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