Criticism of labor lawyer: letter from Faßmann’s parents is misleading – Coronavirus Vienna



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The letter from Faßmann's parents is confusing.


The letter from Faßmann’s parents is confusing.
© WHAT / HELMUT FOHRINGER

The letter from the parents of Minister of Education Faßmann is misleading, hence the criticism of labor law expert Martin Gruber-Risak. Cite the reason the letter only refers to part-time special care.

Labor lawyer Martin Gruber-Risak criticizes the letter from the parents of the Minister of Education, Heinz Faßmann (ÖVP), as misleading. It is suggested that there is only a three week special care period for Corona related child care, which must be agreed with the employer. In fact, there is also a paid license with legal right, he told the APA.

There is the right to continuous remuneration several times a year

Anyone who cannot attend for “other personal reasons”, including childcare due to a legal obligation to care for children, is entitled to continued payment of their salary, several times a year. In addition, there is also the care license. “Not everything fits. There is a performance with legal right, but something is pushed where you have to say please,” said Gruber-Risak.

Employers benefit from the solution in the Labor Contract Law Adjustment Act (AVRAG) promoted by Faßmann and Family Minister Christine Aschbacher (ÖVP), he said, because they receive a third of wage costs from the federal government. Employees, however, have to ask for it, according to the labor lawyer, and get something granted, although they are still entitled to paid time off (under the Salaried Employees Act and AGBG).

Parents should be better informed about the legal situation.

“It would be better if I told the parents what the actual legal situation is,” Gruber-Risak said of the parents’ letter. As a labor lawyer, you resent that existing things have been duplicated without explaining to people why you are better now than before. Nothing speaks against the partial reimbursement of salary costs; This could have been implemented without special new regulation, Gruber-Risak said.

Criticism also came from the SPÖ

SPÖ education spokeswoman Sonja Hammerschmid had already voiced similar criticism on Wednesday. “Here the parents are just confused, because actually one of the parents has the legal right to be able to stay home paid if other care for the children is not possible. Now the Minister of Labor, Aschbacher, tells the parents that they have to go to the employers and about it Rogue what is owed to them, “she said in a broadcast:” Parents finally need a legal right to special care when schools are closed. And if their child is sick, then they have to get the correct information about your rights “.

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