From the EU Commission’s point of view, Austria violates the EU working time directive. Specifically, it is about working time regulations at the Sub -state post and Telekom. Due to “unfavorable working conditions” for the employees there, a violation procedure was initiated. Appropriate regulations regarding daily minimum rest time, holiday representation, sick leave and paid annual vacation are objected to.
As far as the vacation regulation for post and telekom is concerned, the EU is encountered that the vacation can only be interrupted by sick leave if it takes longer than three days. This regulation violates Article 7 of the Working Time Directive. The competent Ministry of Labor is currently examining the reminder letter received on Wednesday.
Post: Keep us to apply national laws
On request, Swiss Post states that it follows “of course to the applicable national laws”. “If necessary, we are available to the Austrian authorities for an exchange with our expertise”.
Richard Köhler Chairman of the Union of the Post and Telecommunications Services (GPF), the letter from Brussels must first look at, but currently sees “no regulatory problem”. During the rest periods, Köhler refers to a litigation that has now been completed when the post-KV convert the post officials.
While a half-hour work break is considered a service time in the civil servant right, the post-KV provides for an unpaid break after six hours. The Supreme Court (OGH) made it clear in 2017 that rest breaks do not belong to working hours.
How things are going on
Austria now has two months to react to the defects mentioned by the Commission. If the EU Commission does not receive a satisfactory answer, it can decide to give a further statement before calling the European Court of Justice.