Analyse und Fortentwicklung im Arbeits-, Sozial- und Zivilrecht

S. 524Executive Summary

After not having transposed directive 1999/63/EC into Austrian law in due time, the Austrian legislator took the measures necessary to meet the requirements of the directive by mainly amending the Arbeitszeitgesetz (Working Times Act) and the Arbeitsruhegesetz (Rest Periods Act) through the act BGBI I 30/2004. To a great extent the Austrian legislator could refer to existing provisions dealing with the protection of employees in general. Those legal provisions are however subsidiary to collective bargaining agreements. A Collective Bargaining Agreement of that kind came into force on January 1^st 2002. Altogether Austrian law is (now) consistent with the requirements made by directive 1999/63/EC.

1. Introduction

The council adopted directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time. Sea transport was one of the sectors of activity excluded from the scope of that directive. After a consultation of the social partners of this sector the commission considered that community action was desirable in that area in order to close the gap within the scope of application of directive 93/104/EC. On 30 September 1998 an agreement on the working time of seafarers...