Austrian Labour Law After Viking, Laval and Beyond
Author | : Eva Tscherner |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
ISBN-10 | : OCLC:1375943526 |
ISBN-13 | : |
Rating | : 4/5 (26 Downloads) |
Book excerpt: Two major institutions of Austrian labour law have been influenced by Viking and Laval: the right to take collective action and minimum wages. Viking and Laval set the scene for the very recent development of a fundamental right to take collective action within Austrian law. Academic opinion is currently realigning itself to that major event, trying to make the fundamental right fit into the existing theory of collective action. The second change resulting from Viking and Laval is less dramatic. In May 2011, the date when the Austrian labour market was finally opened for workers of all EU Member States, a new law setting up inspections of the actual payment of minimum wages entered into force. The content of that law as well as empirical data collected during its first year of application will be presented. The uncertain position of trade unions within the public/private divide is a central point of criticism of the Viking and Laval judgments. Therefore the chapter will conclude by giving insights into the private role of trade unions under Austrian law as well as the treatment by the Court of Justice of the European Union (CJEU) of an Austrian collective agreement with regard to the Employment Equality Directive in 2012.