The procedure went through all instances. Ultimately, all previous service periods were taken into account.
The Upper Austrian Chamber of Labor won a sixth week of vacation per year from the Supreme Court (OGH) for a senior citizen carer working in a district social welfare association. For the advocacy group, this is a fundamental judgment that will benefit many nursing staff working in the state. She announced this in a press release on Thursday.
The woman had worked for the social welfare association for ten years. Before that, she had worked for four years in another retirement home and another four years in mobile care for the elderly. Upper Austrian municipal service law applies to them. Accordingly, if she has been working in a nursing, therapeutic or diagnostic profession for 15 years, regardless of which employer, and has reached the age of 43, she is entitled to a sixth week of vacation per year. However, the crediting of her previous service time in mobile care was not taken into account.
The Chamber of Labor gave her free legal protection for going to court. The proceedings went through three instances up to the Supreme Court. The woman was right in all of them. She now even gets the additional sixth week of vacation retrospectively.
The judgment works far beyond the individual case, emphasizes AK President Johann Kalliauer. All after the oö. Nursing workers who work in municipal service law should now be credited for their previous mobile care work for the sixth week of vacation. “Some will reach them years earlier as a result,” he is sure.
