{"id":9263,"date":"2024-07-24T22:53:35","date_gmt":"2024-07-24T20:53:35","guid":{"rendered":"https:\/\/www.labourlaw.at\/right-to-multiple-employment\/"},"modified":"2024-07-24T22:53:35","modified_gmt":"2024-07-24T20:53:35","slug":"right-to-multiple-employment","status":"publish","type":"post","link":"https:\/\/www.labourlaw.at\/en\/right-to-multiple-employment\/","title":{"rendered":"Right to Multiple Employment"},"content":{"rendered":"

Employees have recently been granted the legal right to take up employment with other employers. This is regulated by \u00a7 2i Abs 1 AVRAG<\/a>, which came into force on March 28, 2024, as part of the implementation of the EU Transparency Directive 2019\/1152<\/a>. This directive has also brought changes to employment contracts and written statements (Dienstzettel<\/em>), which we have discussed in our blog post on the implementation of the EU Transparency Directive in Austria (Part 1)<\/a>.<\/p>\n

Previous Contractual Practice<\/strong><\/p>\n

Previously, secondary employment was regularly subject to reporting and approval obligations or was completely prohibited in employment contracts. However, such a general prohibition of secondary employment was problematic even under the old legal situation, considering the constitutionally protected fundamental right to pursue any occupation (Art 6 StGG<\/a>) and the relevant case law of the Supreme Court of Justice (OGH).<\/p>\n

Under the new \u00a7 2i Abs 1 AVRAG<\/a>, employees have a statutory right to multiple employment and must not be disadvantaged for exercising this right.<\/p>\n

When can a secondary employment be prohibited?<\/strong><\/p>\n

Employers can still prohibit specific additional employment under certain conditions (\u00a7 2i Abs 2 AVRAG<\/a>):<\/p>\n