2023-06-15 09:52:51
National law is discriminatory if it puts workers from another EU country at a disadvantage compared to domestic workers. This was emphasized by the European Court of Justice (ECJ) in a judgment published on Thursday in a case from Austria. The Fontana thermal baths had paid their employees residing in Hungary and Slovenia wages during a corona quarantine. However, the authorities refused to compensate for the loss of earnings.
Specifically, several employees of the Styrian hotel were tested for Covid-19 at the end of 2020. The Austrian health authorities did not impose quarantine measures on workers residing in Hungary and Slovenia, but informed the neighboring countries. They therefore ordered appropriate measures in accordance with their local regulations. The hotel continued to pay the affected workers and applied to the competent authorities in Austria for compensation for the loss of earnings. The managing authority rejected this request.
The Administrative Court (VwGH) turned to the ECJ following complaints. The Luxembourg judges have now come to the conclusion “that a provision of national law is to be regarded as indirectly discriminatory if it can have a greater impact on workers who are nationals of other Member States than on national workers and thereby disadvantage the former”.
According to the broadcast, remuneration under Austrian law (in this case the Epidemic Act) is only paid to people who are quarantined by national health authorities. “Thus, this remuneration is indirectly linked to the condition of residence in Austrian territory, which affects more migrant workers and therefore constitutes indirect discrimination.” The freedom of movement for workers is contrary to Austrian law.
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