Against this background, the most important regulations for employment relationships are as follows:

• The Austrian government recommends home office work; a unilateral right to work from home is not implemented, though. Thus, home office work still requires an agreement between the employer and the employee.
• Employees may only enter and work on-site if they obtain proof of one of the following ("3Grule"): (i) full vaccination with one vaccine centrally authorized (1G), (ii) recovery certificate or segregation notification not older than 180 days (2G), or (iii) negative COVID-19 PCR or antigen test result. The PCR test is valid for 72 hours and the antigen test is valid for 24 hours once the test is taken. The antigen test has to be taken via an authorized authority.
• The employer is obligated to check the employees' "3G status" on a random basis. The employer may conduct visual checks only while reviewing the name, date of birth, validity period and barcode or QR code of a 3G proof. However, any such data must not be stored. Daily 3G checks of all employees require the consent of the works council or the individual employees if there is no works council established. Employees who violate the 3G-rule should be sent home immediately and can be released from work without continued remuneration. Other possible consequences include termination or dismissal vis-à-vis the individual who violates the 3G-rule.
• Employees must wear an FFP-2 mask on-site — despite the 3G rule — and maintain a minimum distance of two meters. In justified exceptional cases, stricter regulations regarding mask wearing obligations and the 3G-rule may be implemented by the employer.
• Physical meetings on-site are prohibited; meetings must be held virtually. Only business meetings, which are required for maintaining the business activity per se may be held in person. For such meetings, attendees have to meet 2G and wear an FFP-2 mask.
• Certain kinds of business operations as well as businesses with more than 51 employees must appoint a COVID-19 officer and develop a COVID-19 prevention plan.
• Violations of the fifth COVID-19 Emergency Measures Regulation may result in an administrative fine of up to EUR 1,450.00 for employees and maximum fines of EUR 30,000.00 for employers.
• Short-time work can be applied for during the lockdown. However, new regulations regarding short-time work have not been released yet.
• Compulsory vaccination for health care workers shall enter into force on 1 December 2021. Moreover, compulsory vaccination for the entire Austrian population shall come into force as of 1 February 2022. The framework for these obligations are currently being negotiated. Thus, details and concrete consequences in the case of violations remain unknown.

Conclusion

For employment relationships, obligations under the fifth COVID-19 Emergency Measures Regulation are similar compared to its predecessor. However, individual federal states may implement stricter obligations in the days to come. In any case, the most groundbreaking developments are the compulsory vaccinations.

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