Article

§ 11b AVRAG

Description

Objective

The amendment to the Austrian Arbeitsvertragsrechts-Anpassungsgesetz (AVRAG) in 2024 aims to strengthen employee protection with regard to training obligations and to align Austrian law with Directive (EU) 2019/1152 on transparent and predictable working conditions. The main goal is to prevent workers from facing financial or working time disadvantages when required to participate in training necessary for performing their agreed duties. This measure reflects the broader European policy goal of fostering fair working conditions and supporting continuous skill development within a predictable and secure framework.

The legislation establishes the following:

• Participation in legally, collectively or contractually required training must be regarded as working time.
• All associated costs must be covered by the employer unless a third party (e.g. a public body) is paying for it.
• Employers are prohibited from recovering training expenses from employees, either directly or through deductions from remuneration.

The rule applies not only to initial qualification but also to the maintenance and renewal of professional licences or certifications necessary for the performance of agreed duties.

This provision does not prevent more favourable arrangements for employees being made through collective or contractual agreements.

Outcomes/expected impact

The reform enhances legal certainty for both parties to the employment relationship. Employees benefit from clear rights to free, employer-funded training that is recognised as working time, while employers gain clarity on their obligations. More broadly, it is expected that the measure will support workforce adaptability, facilitate compliance with legal and professional standards, and promote transparent and predictable working conditions, in line with EU requirements.

Commentary

Whether a specific training, further education, or professional development falls under § 11b AVRAG is determined on a case-by-case basis. The decisive factor is whether the training is required by one of the legal sources specified in the law for the performance of the employee’s contractual duties. The employment contract and, in particular, the precise description of the employee’s duties play a central role.

Healthcare professions are particularly affected. There are many regulations that apply specifically to these professions, such as the requirement for employees to undertake further training.

Social partner reactions have been cautious but generally supportive. Trade unions welcomed the clarification that training time counts as working time and that costs cannot be shifted to employees, seeing this as strengthening fairness and employability. Employers’ organisations acknowledged the legal obligation but raised concerns about potential cost burdens, particularly for smaller companies.

Additional metadata

Cost covered by

Employer

Involved actors other than national government

National government Public employment service

Involvement (others)

None

Thresholds

Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

• BDO Öesterreich
• Arbeitsvertragsrechtsanpassungsgesetz (AVRAG) - § 11b
• Steuer und Service
• Arbeiterkammer Oberösterreich
• Kammer für Ärztinnen und Ärzte in Wien