Conditions of employment governed by law or statutory instrument, also for posted workers (including information concerning working time, paid vacation, leave entitlements, rights and obligations concerning overtime, health checks, termination of contracts, notice of termination or dismissals)

  • Labour law is in principle a federal matter in terms of legislation and enforcement. Pursuant to Article 21(1) of the Constitution, the federal provinces are responsible for legislation and enforcement in matters of civil service law, including the law on employment contracts and the law on staff representation for the civil servants of the provinces, municipalities and associations of municipalities. In this respect, the term ‘civil service law’ is, in any event, to be distinguished from the term ‘labour law’. The distinction from labour law lies on the one hand in the ‘person’ of the employer and in the differing interests. Thus, workers in the private sector are primarily bound to the interests of their private employer. Because of the resultant potential for conflict, the individual person of the worker is the subject of protection under labour law. In civil service law, on the other hand, in addition to the interests of the individual, the necessary concerns of the state and the general public must also be taken into account. In the case of employment contracts with public bodies, that is to say the Federal Government, provinces and municipalities, a fundamental distinction is made between employment under public law (civil servants) and employment under private law (contract staff). A re-establishment of public service relationships is no longer possible, except for a few exceptions governed by law. Once an employment contract has been entered into with the Province of Burgenland, the civil service law governed by the Province of Burgenland in the form of legislation, regulations and decrees will apply. The civil service law of the Province of Burgenland does not substantially differ from federal statutory regulations with regard to conditions of employment such as working time, holiday leave, safety regulations, commencement and termination of employment. The most important provisions, in particular as regards working time, leave and termination of employment, are contained in the 1997 Act on Provincial Civil Servants, the 2013 Provincial Contractual Public Servants Act and the 2020 Public Servants (Employment) Act and the 2001 Provincial Civil Servants Salaries Act. In addition to the civil service law regulated by the provincial legislature, various federal laws, such as those concerning social security, are also directly applicable to employment contracts between the Province of Burgenland and its employees. The 2001 Act on Life and Health Protection for Employees (Bedienstetenschutzgesetz) contains provisions on the protection of employees.

  • The documents required can be found in the relevant laws, listed under ‘Legal basis’.

  • Deadlines can be found in the relevant laws, listed under ‘Legal basis’.

  • None

    • 1997 Burgenland Act on Provincial Civil Servants – Bgld. LBDG 1997
    • 2013 Burgenland Provincial Contractual Public Servants Act – Bgld. LVBG 2013
    • 2020 Burgenland Provincial Public Servants (Employment) Act – Bgld. LBedG 2020
    • 2001 Burgenland Provincial Civil Servants Salaries Act – LBBG 2001
    • 2014 Burgenland Municipal Employees Act – Bgld. GemBG 2014
    • 1971 Municipal Civil Servants Act– GemBG 1971
    • 2002 Burgenland Provincial Civil Servants Pensions Act – Bgld. LBPG 2002
    • Burgenland Maternity Protection and Paternity Leave Act – Bgld. MVKG
    • 2001 Burgenland Act on Life and Health Protection for Employees – Bgld. BSchG 2001
    • Act on General Social Insurance – ASVG
    • Act on Civil Servants’ Health and Accident Insurance – B-KUVG
    • 1955 Travel Expenses Regulation (RGV)

  • The relevant procedure (e.g. in the case of leave, overtime, etc.) can be found in the relevant laws listed in ‘Legal basis’.

  • The conditions of employment regulated by law, ordinance or decree apply in principle to all employees of the Province of Burgenland, unless separate regulations are provided for certain groups.

  • Detailed information on employment conditions in the Province of Burgenland can be found in the respective laws, regulations and decrees.

  • Postal address:

    Amt der Burgenländischen Landesregierung

    Abteilung 1 – Personal

    Europaplatz 1, 7000 Eisenstadt

    Telephone: 057 600

    Fax number: 057 600-2877

    E-mail address:post.a1(at)bgld.gv.at

  • Authentication or signature is not required.

  • Disputes arising from the employment relationship of a member of contract staff are dealt with by the labour and social courts. Disputes arising from employment relationships governed by public law are dealt with the administrative courts.

  • Single point of contact for Burgenland: eap.bgld.gv.at/Start.aspx In the event of technical problems or questions about receiving attachments (completeness, legibility, etc.), please contact the office by telephone on (+43)(0)57 600.

  • Amt der Burgenländischen Landesregierung
    Abteilung 1 - Personal
    Europaplatz 1
    7000 Eisenstadt
    Telephone: 057 600
    E-mail: post.a1@bgld.gv.a

  • 21.02.2023 08:06

  • General information on data processing and your rights can be found on the website of the Province of Burgenland (https://www.burgenland.at/themen/datenschutz/), on the website of the municipality in question, or from the relevant data protection officer.

     

    meta-tag:policy-code (see Annex I & II to the Single Digital Gateway Regulation, from p. 31 onwards)

    meta-tag:DC.Service {information,procedure,assistance}

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