Unfortunately, the number of infections with the Coronavirus (COVID-19) in Austria continues to rise daily - the government measures to fight the Coronavirus grow to the same extent, which in turn has more and more profound effect on work life and thus on labor relations between employers and employees. 

We too, can currently not predict which measures will be taken in the near future or, in particular, how the virus will continue to spread - nevertheless, we aim to support our clients to the best of our abilities in this difficult phase. 

In order to carry out some preparatory work for you, we have compiled the most important questions and answers regarding the topic of labor law and are offering them to you as part of our special service...

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Over the mid-March weekend, the Austrian government put together a €4 billion relief package for companies and the self-employed, who have suffered massive losses due to the coronavirus.

On Monday, March 16, Austrian businesses officially went into crisis mode – aside from significant hits to tourism and retail, the government ordered that whenever possible, personnel should work remotely.

The federal government is since then trying to find ways to support companies that have taken a hit due to coronavirus countermeasures...

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As the COVID-19 coronavirus pandemic takes hold, the question that arises is whether it is possible to extend a visa to stay in Austria.

According to the Article 33 of REGULATION (EC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 on a Community Visa Code, the period of validity and / or the length of stay of a visa issued is to be extended if the competent authority of a Member State establishes that a visa holder has to provide a proof of force majeure or humanitarian reason which prevent him from leaving the territory of the Member State before the expiry of the visa or before the permitted duration of stay expires.

The OGH (Austrian Supreme Court of Justice) defines force majeure as an extraordinary event from the outside, that does not occur regularly or with a certain frequency and is unexpected, which with the utmost reasonable care, can neither be averted nor rendered harmless in regard to its consequences. In the Supreme Court’s decision 4 Ob 103/05, the outbreak of the SARS infectious disease was defined as such a case of force majeure. Therefore, it can be reasoned that the Coronavirus outbreak is, in fact, a case of force majeure.

Currently there are legal and factual reasons - caused by "force majeure" - that prevent visa holders from leaving the territory before their visa expires or before their permissible duration of stay expires...

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