NATIONAL LABOUR MARKET POLICIES
Basic Information Reports
2.2.1.1.General Civil Code (Allgemeines Bürgerliches Gesetzbuch - ABGB)
The ABGB contains the basic regulations concerning the legal relations between parties to an employment contract ensuing from the contract (especially §§ 1151-1164).
In particular, it lays down regulations with respect to the conclusion and the validity of the employment contract.
As regards the rate of remuneration, the ABGB stipulates that in the absence of a different arrangement the employee is due a fair wage.
In practice, the rate of remuneration is primarily determined by the employment contract or secondarily by collective agreement.
In applying the law, the stipulations laid down in special laws on employment contracts take precedence over the general labour law regulations contained in the ABGB.
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