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Simone Liebmann-Slatin

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Mag. Simone Liebmann-Slatin, MSc. joined Baker McKenzie as a partner in 2003. Since 2011, Ms. Liebmann-Slatin is a senior counsel in the Vienna office and is a member of the employment law practice group. She regularly delivers presentations on issues related to employment law in Austria, and is an active contributor to various publications, webinars and workshops.

Against the background of the EU Posting Workers Directive and the ECJ case law, the Wage and Social Dumping Prevention Act (“Lohn- und Sozialdumping-Bekämpfungsgesetz”, “LSD-BG”) has been amended effective as of 1 September 2021. In summary, the scope of the Wage and Social Dumping Prevention Act was limited and the provisions regarding administrative penalties were mitigated. However, provisions for long-term postings are now stricter.

Reasons for a clear and definitive YES to COVID-19 vaccinations

Mandatory vaccination is not to be expected. Nevertheless, employers and employees can greatly benefit from COVID-19 vaccinations. This is true from a health, economic and legal perspective. Companies which recognize these benefits (early on) will have a significant competitive advantage.

Currently, an increasing number of companies is confronted with considerable claims for re-payment of subsidies granted by the LMS for phase I of the Corona short-time work model. The approach of the LMS makes the impression that it intends to take advantage of self-caused legal uncertainties to the clear disadvantage of these companies. Thus, companies should refrain from making premature re-payments.