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I have further questions…
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What labor rights do I have?
0:00/When you work in Austria, you have rights. They also apply if you work without the necessary papers (residence permit or work permit). Some people call it “moonlighting” (“Schwarzarbeit”) or “sleuthing” (“Pfusch”).
The rights for dependent work (as an employee) are regulated by laws and collective agreements (Kollektivverträge – agreements for labor sectors).
Your rights include, for example:
· The minimum wage for the industry (e.g. on construction sites, in cleaning, gastronomy…) in which you work
· in most industries, holiday pay (Urlaubsgeld) and Christmas bonuses (Weihnachtsgeld)
· decent working conditions:
maximum working hours, breaks and rest periods, safety at work
· social security registration
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What is “holiday pay” and the “Christmas bonus”?
0:00/In Österreich bekommst du in den meisten Branchen (zum Beispiel auf Baustellen, in der Reinigung, Gastronomie …) 13. und 14. Gehalt. Man sagt dazu auch „Urlaubsgeld“ und „Weihnachtsgeld“.
Ob du Anspruch darauf hast und wie viel du bekommst, steht in deinem Kollektivvertrag oder Mindestlohntarif.
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How do I get social security?
0:00/If you are employed, your employer must register you with the social security system.
You will then have health insurance, accident insurance and pension insurance. You will receive an e-card. This means you can receive medical care. You are also entitled to a pension and you have unemployment insurance.
Important:
Just because you are registered with the social security office does not mean you have a work permit (Beschäftigungsbewilligung). Your employer must apply for your work permit separately!
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What does “safety at work” mean?
0:00/If you do dangerous work, your boss is responsible for your safety. For example, you must be provided with helmets, gloves or breathing masks.
If you have an accident at work, your boss has to help you. For example, by calling an ambulance.
Important:
People without residence papers or health insurance can access anonymous and free outpatient clinics, medical support and healthcare.
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How can I demand my labor rights?
0:00/If you have problems at work and want to do something about them, you have to document your employment relationship. This will help you to demand your rights.
Important:
Write down or photograph everything
- Who was or is your employer? (name, address, phone number, mobile number, email address)
- Who gave you instructions?
- How did the employment relationship come about? How did you get the job?
- Where did you work? (All the addresses where you worked)
- When and for how many hours did you work? When did you have breaks?
- What work did you do?
- What rate of pay was agreed? How much pay did you receive?
- How many hours of work were agreed?
- Are there other colleagues at work with the same problem?
Collect evidence
- Timesheets showing your working hours and breaks
- Names and mobile numbers of your work colleagues and witnesses who saw you at work.
- Photos or videos of the workplace, selfie of you at work
- Screenshots of SMS or chat messages from your boss
- All written agreements (for example work orders, duty rosters, etc.)
- Notes of verbal agreements with your boss
Act quickly
If you have not received your wages or have not received them in full, you need to do something about it quickly. You only have a short time to claim the money. Often it is only three months. This period is called the expiry period (Verfallsfrist).
Important:
If the problem occurred more than three months ago, you can still come to us for counselling. We will take a close look at your situation.
If you have any records and evidence, please bring them with you. At the UNDOK Drop-in Center, we’ll discuss your options for asserting your rights. We’ll assist you!
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What is a minimum wage?
0:00/Your boss has to pay you the minimum wage. The minimum wage is the lowest pay allowed. The minimum wage varies depending on your industry and the job you do.
Important:
You must receive the minimum wage even if you work without papers!
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What are overtime and holiday pay supplements (Überstundenzuschläge, Zuschläge für Feiertage)?
0:00/If you work more hours than agreed, or if you work on Sundays or public holidays, you will receive more money for this in most industries (for example on construction sites, in cleaning, gastronomy, etc.).
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What breaks and rest periods apply to me?
0:00/There are maximum working hours for employees. There is a law for that. In Austria, that’s 12 hours a day and 60 hours a week including overtime.
However: this cannot be your normal working hours. That means: you shouldn’t always work so many hours.
After 6 hours of work, you must have a break of at least 30 minutes. Once a week, you must have a break of 36 hours. In most industries (for example on construction sites, in cleaning, gastronomy, etc.), there must be a break of at least 11 hours between two working days. These are the rest periods (Ruhezeiten).
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What is a notice period?
0:00/If your employment is terminated, there is a notice period of at least 6 weeks. If your boss does not comply with this period, you will get money. That is called termination pay (Kündigungsentschädigung).
Important:
Termination (Kündigung) and dismissal (Entlassung) are not the same! Dismissal without notice is possible. For example, if you have made a serious mistake at work.
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What is my boss not allowed to do?
0:00/There are things that some bosses ask you to do but are forbidden.
For example:
You work 7 days a week without a day off.
You work more than 12 hours a day.
You work more than 60 hours a week.
You often work more hours than are specified in your employment contract or in your work permit.
You do dangerous work without protection.
Your boss does not pay you for all the hours you have worked.
Your boss wants you to submit false timesheets.
Your boss doesn’t help you if you have an accident at work.
Your boss insults you or says something bad about your origin, gender or religion.
Your boss threatens or hits you or carries out some other form of violence against you.
Your boss forbids you to leave the house or locks you up.
Your boss takes away your passport or ID.
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