contract-law european-union workplace austria
Contract issue (Austria/EU Law) backdating start date of work
<p>I would appreciate some advice with respect to my situation.</p>

<p>I was offered a job in Austria (I'm from the UK) back in the summer of 2019. The job was conditional on finishing my Masters Degree in the UK, which I was set to do in September 2019. I was set to start 1st of October 2019. I moved over and began working. However, when there, I was told that I would not be given a contract (and hence paid) until they had confirmation not only of finishing my masters but that my final grade would be a pass (or higher). I was told on the 3rd of October that, when I had this final confirmation of grade, my contract would be backdated to the first of October and I would get pack-pay. I have this in writing in an email from the HR department. I accepted this offer and continued turning up to work, expecting to get back pay.</p>

<p>In December 2019, I got the final confirmation from my masters course (including confirmation that the date of completion was in September, before my start date). The documentation was sent to HR but they have now refused to backdate to October, stating that they only backdate to when they receive the documentation, not, as had previously been stated, to when I was told to start.</p>

<p>I've been working for three months at this institution on the information that I would get back pay for this.</p>

<p>Given that they told me I would get back pay and I worked conditional on that information, am I entitled to it?</p>

<p>Thank you all in advance.</p>

<blockquote>
  <p>Given that they told me I would get back pay and I worked conditional on that information, am I entitled to it?</p>
</blockquote>

<p>You are entitled to backpay in accordance with the terms you accepted from HR. The employer's refusal to pay you from October 1st is in violation of Austria's <a href="https://www.wipo.int/edocs/lexdocs/laws/de/li/li053de.pdf" rel="noreferrer">Allgemeines bürgerliches Gesetzbuch</a> at § 860a. </p>

<p>At this point you have fully complied with the conditions on which your continued employment was contingent. From then on, the employer's belatedness in revoking its commitment to backdate your start date to October 1st is not cognizable: Prior to your full compliance with the conditions of academic nature, there was no possible way for you to be aware of the employer's repudiation of its obligations regarding the October-December compensation.</p>

<p>The employer's failure to timely notify you of the unilateral change is especially notorious and hard to justify. Your employment &amp; relocation to Austria suggests that the employer had --and waived-- ample opportunity to inform you that any work you perform prior to addressing the contingent aspect will not be compensated. Even if the employer ventures with a dubious allegation of that sort, it is unlikely to survive § 1152.</p>

<p>Go to the Arbeiterkammer. It's a institution designed to help employees on such matters.</p>

<p>Call them at Tel. +43 1 501 65 1341 (Mon-Fri 8am-2pm) to arrange an appointment. You may need to speak German or find someone to help you who speaks German. More info here: <a href="https://wien.arbeiterkammer.at/ueberuns/kontakt/index.html" rel="nofollow noreferrer">https://wien.arbeiterkammer.at/ueberuns/kontakt/index.html</a></p>
