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EMPLOYMENT RELATIONSHIPS ACT 

 

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Article 6

(Prohibition of discrimination and retaliatory measures)

 

(1) Employers must ensure that job seekers (hereinafter: candidates) being given access to employment or workers during their employment relationship and in connection with the termination of employment contracts are afforded equal treatment, irrespective of their nationality, race or ethnic origin, national or social background, gender, skin colour, state of health, disability, faith or beliefs, age, sexual orientation, family status, trade union membership, financial standing or other personal circumstances in accordance with this Act, the regulations governing the implementation of the principle of equal treatment and the regulations governing equal opportunities for women and men.

 

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Article 27

(Equal treatment with respect to sex)

(1) Employers may not publicly advertise job vacancies only for men or only for women, unless the employment of a member of one sex represents a significant and decisive condition for work and such a requirement is proportionate to and justified by a legitimate objective.

(2) A notice for a job vacancy may also not indicate that in the process of recruiting the employer may give priority to one of the sexes, except in cases referred to in the preceding paragraph.

 

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Article 133

(Equal pay for men and women)

(1) The employer shall be obliged to provide equal pay for equal work and for work of equal value to workers regardless of their sex.

(2) Provisions of an employment contract, a collective agreement or an employer’s general act which are contrary to the preceding paragraph shall be regarded as invalid.

 

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1. Protection of women

Article 181

(Prohibition of carrying out underground work)

(1) Female workers may not carry out underground work in mines.

(2) The provision of the preceding paragraph shall not apply to female workers:

– who are executives and/or manage working units and are authorised to make their own decisions,

who must spend a certain period of their work experience doing underground work in mines as part of their professional education,

– who are employed in healthcare and social services or in other cases where they must go underground into a mine to perform non-manual labour.

 

2. Protection of workers during pregnancy and parenthood

Article 182

(General)

(1) Workers shall have the right to special protection in an employment relationship due to pregnancy or parenthood.

(2) In the event of a dispute concerning the enforcement of special protection due to pregnancy or parenthood under this Act, the burden of proof shall rest with the employer.

(3) The employer must enable workers to reconcile their family and employment responsibilities more easily.

Article 183

(Protection of pregnancy-related data)

During the employment relationship, the employer may not request or seek any information on the worker’s pregnancy unless the worker concerned allows it in order to exercise her rights during pregnancy.

Article 184

(Prohibition of carrying out works during pregnancy while still breastfeeding)

(1) During pregnancy and throughout the time she is breastfeeding, a female worker may not carry out work which might present a risk to her or her child’s health due to exposure to risk factors or working conditions which shall be defined in an implementing regulation.

(2) If during pregnancy and throughout the time she is breastfeeding a female worker carries out work involving exposure to risk factors and procedures and working conditions which shall be defined in more detail in an implementing regulation, the employer must take appropriate measures in order to temporarily adjust the working conditions or the working time if the risk assessment indicates a risk to her or her child’s health.

(3) If a female worker carries out the work referred to in the first and second paragraphs of this Article and the risk to her or her child’s health cannot be avoided through temporary adjustment of the working conditions or the working time, the employer must provide the female worker with other appropriate work. The female worker shall be obliged to perform other appropriate work and shall be entitled to a salary equivalent to the salary she would receive for the performance of her own work if this is more favourable to her.

(4) If the employer fails to provide the female worker with other appropriate work in accordance with the preceding paragraph, he must ensure that during her absence from work for this reason her wage compensation complies with the first, second, seventh and ninth paragraphs of Article 137 of this Act.

(5) The implementing regulation, which shall in more detail define the risk factors and the working conditions referred to in the first paragraph of this Article, and the risk factors, procedures and working conditions referred to in the second paragraph of this Article, shall be issued by the minister responsible for labour in agreement with the minister responsible for health.

Article 185

(Protection during pregnancy and parenthood with regard to night work and overtime work)

(1) A worker who is caring for a child under the age of three may be ordered to work overtime or at night only upon his prior written consent.

(2) A female worker may not carry out overtime work or night work during pregnancy, for another year after she has given birth or throughout the time she is breastfeeding if the risk assessment of such work indicates risk to her or her child’s health.

(3) One of the employed parents who nurses and takes care of a child under the age of seven or a child who is severely ill or a child who is in need of special care in accordance with the regulations governing family benefits, and who lives alone with the child may be asked to work overtime or at night only upon his prior written consent.

Article 186

(Parental leave)

(1) The employer shall be obliged to ensure the worker the right to absence from work or to part-time work for the purpose of using parental leave stipulated by an Act.

(2) The worker shall be obliged to inform the employer on the beginning and the manner of exercising the rights referred to in the preceding paragraph within 30 days prior to exercising the rights unless otherwise provided by the Act regulating parental leave.

(3) Upon completion of parental leave, the employer must enable the worker to start performing work under the conditions of the employment contract.

(4) The worker may enforce rights he has obtained or rights that have improved during the worker’s absence from work due to parental leave immediately after he starts working if he could not enforce them during his absence; these must be provided for by the employer.

Article 187

(Wage compensation)

A worker who uses parental leave shall have the right to wage compensation in accordance with the regulations on parental leave.

Article 188

(Right of breastfeeding mother)

(1) A female worker who is breastfeeding a child under the age of 18 months and works full time shall have the right to a breastfeeding break during working time, which shall take a minimum of one hour a day.

(2) The right to wage compensation for the duration of the break referred to in the preceding paragraph shall be exercised in accordance with the regulations on parental leave.

Article 189

(Other beneficiaries)

The rights referred to in the fourth paragraph of Article 159 and the first and third paragraphs of Article 187 of this Act shall also be held by a worker who is caring for a child on the basis of a valid executive title in accordance with the regulations governing family relations or by a worker who is also a guardian of a person in his care. 

 

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