A cook's assistant, the 12-hour day and the wage negotiations «DiePresse.com

"Worked 12 hours a day, 7 days a week", "Sent on sick leave", "The worker risked his life and was always fired". One thing is clear: the consultative successes that the Vienna Chamber of Labor lists on its website are not a glorious page for Austrian employers.

In the midst of the hot phase of collective bargaining in several sectors, the Vienna Chamber of Labor is using a labor law case in the area of ​​catering law to enable it to mobilize against the 12-hour day. It is about Fatma B., employed for almost 20 years as a kitchen badistant in a chain of Viennese restaurants. His boss had asked him to work 12 hours a day starting September 1st. If not, he should resign her, she told AK Vienna.

The 56-year-old woman worked according to AK's information since 1999 as a kitchen badistant, she had a part-time contract. "The boss imposed him the ultimatum of 12 hours a day, put him under pressure, sought a compromise, offered him to work 40 hours a week, but 12 hours a day – she could only not do it. " The employer did not want to accept him and instead submitted a letter stating that his employment contract was "consensual". He would have exerted mbadive pressure on her until she signed it.

The employer no longer wanted to dispute the agreement. Instead, the Labor Chamber is now demanding payment of six months salary.

"There can be no question of volunteering"

AK President Renate Anderl said: "This is exactly what we feared: since the entry into force of the 12-hour law, employers are putting pressure on them. In this case, an employer apparently used the 12-hour law to get rid of an older worker. " And further: "This exhaustion of health after 12 hours a day will have months and years later for those affected and for the whole of society."

Roman Hebenstreit, of the union vida, adds: "We know that Fatma B. is not the only one to be affected in her business." Others would not have dared to ask for help. Of Voluntar could "in this law Husch-Pusch is not a question".

The name of the restaurant in the second district of Vienna is unknown to the "press". The Vienna Chamber of Commerce also learned from the media only about the case in question and therefore does not want to comment on it. In general, however, the situation is judged a little differently: Erwin Scheiflinger of Bastei Beisl, vice president of the restaurant division, badumes that the majority of local operators will comply with the law.

Of course, there are black sheep, but they have always existed. And often the truth lies in a labor dispute "somewhere in between". In addition, Schleifinger is convinced that not only companies, but also many employees welcome the extension of the maximum working time to 12 hours. Many catering workers in Eastern Europe would like to work longer if they have a long weekend in their home country. And for local operators, the new law on hours of work offers the possibility of making this legally possible. In addition, at events such as weddings for organizational reasons, it would be practically impossible to observe a maximum working time of ten hours.

At the time of sending the union and the workers' chamber, Schleifinger has little to say: "There are wage negotiations".

Strache announces sanctions

Vice-Chancellor Heinz-Christian Strache strives to limit the damage and threaten entrepreneurs who do not respect the right to be voluntary when they use the 12-hour day. In the case of the cook 's badistant, Strache spoke of a "case of abuse" that will be punished. The lady has the legal right to say that the termination is not final. If this does not happen, the government will have to determine what sanctions should be applied in such cases, Strache said.