Your rights in the event of violence in the workplace

According to Section 16 of the General Civil Code (ABGB), all people have certain personal rights. This provision protects human dignity and recognises personality as a fundamental value. The personal rights also give the injured parties claims for damages, if necessary.

Duty of care

The employers' duty of care is anchored in labour law. They must design working conditions in such a way that the life and health of employees are protected as far as possible. Employers must remedy any hazards without delay. Incidentally, the duty of care also means that violence by third parties, such as customers, must be eliminated as far as possible. If employers fail to comply with this obligation, they can be held liable for the damage caused by this violence.  

Legal protection of employees

Paragraph 3 (1) of the Employee Protection Act obliges companies to ensure the safety and health protection of employees with regard to all aspects relating to work. This also includes the obligation to protect employees from violence by third parties as far as possible. From this, the obligation of employers to train particularly vulnerable employees, such as employees in the security service, can be derived. In the case of gender-specific forms of violence in the workplace, such as sexual harassment, the provisions of the Equal Treatment Act offer protection and a basis for compensation payments.

Agreement between the social partners

Employers' and employees' organisations have signed a voluntary framework agreement on harassment and violence in the workplace at EU level. The aim of the agreement is to prevent, recognise and manage harassment and violence in the workplace. The agreement was to be implemented by the social partners in the individual member states in 2010. In Austria, there were negotiations between the ÖGB and the Chamber of Commerce in 2009. The commitment to do more against violence in the workplace has also been anchored in a joint resolution by the social partners, the Ministry of Social Affairs and the Ministry of Transport and the accident insurance institutions.