Employees' info

Information on rights and obligations

The rights and obligations of employees have been established in current employment legislation and the collective bargaining agreements.
The information indicated here refers to minimum requirements which may be amended in favour of the employee.

Employment contract

  • The employment contract defines the rights and obligations of employees and employers.
    It may consist of a written or oral agreement
  • A written job contract ("Dienstzettel") must still be issued in cases of an
    oral agreement.

Together, the employment contract or written job contract must contain the following details:

  • Name of employer, company name and adress
  • Name and personal details of the employee (date of birth, nationality, adress)
  • Start and end of the employment contract
  • Trial period
  • Period of notice
  • Place of work
  • Salary / wage
  • Working hours
  • Holiday entitlement
  • Job duties

Travel expenses

At the current time there are no legislative or collective bargaining agreements that deal with the issue of travel expenses.

  • Before entering into your employment contract, make sure you find out wheter your employer will pay for your travel expenses, and if so, by how much.

Accomodation and board

At the current time there are no legislative or collective bargaining, agreements that deal with the issue of accommodation and board.

  • Before entering into your employment contract, make sure you and your employer agree to any issues regarding accommodation and board.
  • Such agreements should feature in the contract of employment or written job contract.
  • In many etablishments the employer will agree to pay for the expenses of accomodation and board. Accommodation usually consists of double or single rooms with en-suite shower and WC. In many cases, employees may use leisure facilities in the particular establishement.

Start and end of the employment contract

This point legally establishes whether the employment contract is:

  • temporary (with indication of the first and last day of work) or
  • permanent (with indication of the first day of work).

Working hours

Usually the working week consists of 40 hours. At peak times (e.g. the winter season in the tourist centres of Salzburg and Tyrol) it is not unusual for the working week to consist of up to 55 hours max. Overtime compensation consists of time in lieu or payment at time-and-a-half.

The 6-day week is usual in the catering industry. Although one day per week is taken as time off, it rarely falls at the weekend. Daytime working hours are usually divided up into an early and late split shift system, with time taken off in-between. It is a good idea to keep a record of the hours you have worked if your shifts are irregular or lead to overtime.

Sickness

  • Employees must be covered by sickness, accident, pension and unemployment insurance.
  • Employees must immediately report cases of sickness to their employer.

Termination of the employment contract

Employees who would like to stay in Tyrol and look for further employment may contact their local AMS Tyrol job centre.

Entitlements at the end of the employment contract

Once their employment has come to an end, employees are entitled to ask for the following documents from their employer:

  • Final wage / salary slip (“Endabrechnung”):
    This must contain details of any outstanding wages or salary, pro rata supplementary payments, holiday compensation and any outstanding overtime.
  • Employment certificate (“Arbeitsbescheinigung” - similar to UK P 45):
    This is issued by the employer to the employee. Employees require this document in order to register with their local AMS Tyrol job centre, from which they receive form E301. Local AMS job centres will help you to obtain your employment certificate in the event that this has not been issued by your employer.
  • Work reference:
    Each employee is entitled to receive a work reference. Work references may not contain any prejudicial references to the employee. They must be issued to the employee upon request.

Salary and wages

In most cases, pay is defined as take-home pay (with income tax, social insurance contributions and other charges already being deducted as source along the lines of P.A.Y.E). The current minimum wage, or absolute minimum limit, per month for skilled workers is EUR 882.62 and for manual workers EUR 875.26 after tax and deductions.

Work clothes

  • Standard outfits for waiter / waitress service:
    black skirts or black trousers, white blouses or shirts. Sensible, comfortable shoes are also important. The employee is responsible for providing these standard outfits. In certain establishments, special uniforms are provided by the employer. Employees responsible for dealing with cash payments also require a conventional waiter / waitress purse.
  • Standard outfit for kitchen staff:
    chef’s trousers and jacket, chef’s cap, comfortable, non-sliding shoes, a separate set of knives for skilled chefs. As above, the employee is responsible for providing these standard outfits.

 

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