IMPARTIALITY OF THE STATE

Printer-friendly version

About

Country: 
Austria
efd.admin


AUSTRIA
IMPARTIALITY OF THE STATE
NEUTRALITÄT DES STAATES

Compulsory arbitration does not exist in Austria. The basic principle is that the state does not intervene to impose a settlement. This impartiality is also expressed in various pieces of legislation such as the Unemployment Insurance Act (Arbeitslosenversicherungsgesetz), under which employment in an establishment affected by a strike or lock-out is not classed as a suitable offer of employment, with the result that an unemployed person who refuses an offer of employment as a strikebreaker does not lose entitlement to unemployment benefit (see social insurance: unemployment insurance). The principle is taken further by a provision stipulating that placing people in jobs in an establishment affected by a strike or lock-out, and placing striking or locked-out employees in other jobs, are unlawful. This applies both to the job placement function performed by the public-law Employment Service and to private-sector job placement agencies. To assist the implementation of this ban, the legislators impose an obligation on the employers' and employees' organizations involved to send immediate notification to the relevant local Employment Service office that a strike or lock-out has commenced, and again when it has ended. Even the hiring-out of labour to establishments affected by a strike or lock-out is prohibited. The intention here is to prevent the employer from using temporary workers to offset the effects of a strike and so from cancelling out the balance of bargaining power (Kampfparität) which tends to exist between the employers' and employees' sides. See also labour law.))


Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.
Click to share this page to Facebook securely

Click to share this page to Twitter securely

Click to share this page to Google+ securely

Click to share this page to LinkedIn securely