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Andreas Jöst

Senior Lawyer

Contact
CMS Reich-Rohrwig Hainz
Rechtsanwälte GmbH
Gauermanngasse 2
1010 Vienna
Austria
Languages German, English

Andreas Jöst is a senior lawyer in the field of labour law. One of his areas of specialisation is working time law. In addition, Jöst has extensive experience with social partnership negotiations in the area of company agreements and collective agreements, setting up new labour law structures and remuneration models. Another core area is the design of operational restructuring (spin-offs). He wrote his doctoral thesis on this topic and has since accompanied numerous restructuring and operational change processes. 
Before joining CMS, Andreas Jöst worked as an assistant at the Institute for Labour Law at the University of Vienna and for more than 10 years at a large energy and infrastructure group. Most recently, he was head of HR strategy and group employment law there. He therefore deftly combines labour law know-how with operational practice and is very familiar with issues concerning outsourced companies and ESCs . 
Andreas Jöst regularly lectures at meetings and conferences and has authored numerous publications. 

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Memberships & Roles

  • Austrian Bar Association
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Publications

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Education

  • 2003 – Dr. iur., Law, University of Vienna
  • 1998 – Mag. iur., Law, University of Vienna
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17/11/2022
Internationales Home Office | Arbeits-/Sozi­alrecht
CMS Employment Snack 
13/10/2021
Covid-19 - Safety at the Workplace
CMS Employment Snack
12/10/2021
CMS Employment Snack: Covid-19 - Safety at the Workplace
Rising infection figures and flatlining vaccination rates are once again presenting companies with the challenge of making workplaces safe. But what measures can and must be taken now?Our CMS Employment...
07/07/2021
Short-time work phase 5: What rules apply to the newly extended Corona...
Corona short-time work is again being extended from 01.07.2021 to 30.06.2022 ("short-time work phase 5"). The new social partner agreement (hereafter "SPA") is now also available. What is new is that – depending on how companies are affected by the Corona pandemic – a distinction is made between two short-time work models. The most important information can be found here: Model 1: For companies that have been especially affected For companies that experience a decline in revenue of more than 50% compared to Q3 2019 or are affected by a gov­ern­ment-man­dated ban on customer-entry, short-time work phase 5 will continue on essentially the same terms as phase 4: Employers will continue to receive the full short-time work allowance. For the time being, however, until the application tool in the electronic account with the Labour Market Service (eAMS) is adapted (which will then enable corresponding information from companies on the decline in revenue in the Labour Market Service system), the allowance will be paid out at a 15% reduction per month  – as in model 2. The outstanding 15% of the allowance must be applied for separately as part of an amendment request. Working time can be reduced to 30-80 % of the previous working time on average during the period of short-time work.A further reduction of working time for special economic reasons is still possible if approved by the social partners (Annex 2 of the SPA). This short-time work model is valid until the end of December 2021. Model 2: For all other companies For all other companies, a short-time work model with reduced short-time work allowance and higher minimum working time than before ap­plies: Em­ploy­ers receive a short-time work allowance reduced by 15% compared to short-time work phase 4. Working time can be reduced to 50%-80% of the previous working time on average during the period of short-time work.A further reduction of working time for special economic reasons is still possible if approved by the social partners (Enclosure 2 of the SPA). This short-time work model is valid until the end of June 2022. The following applies to both short-time work models: Duration of short-time work A maximum of 6 months of short-time work can be applied for. Application and consultation It is expected that applications for short-time work phase 5 can be submitted to the Labour Market Service from 19.07.2021. Short-time work with a start date from 01.07.2021 could then be applied for retroactively until 18.08.2021. In all other cases, the application must be submitted before the start of the short-time work peri­od. Com­pan­ies newly entering short-time work that did not use short-time work between 01.04.2021 and 30.06.2021 must also complete a consultation procedure with the Labour Market Service and the social partners, usually lasting 3 weeks, before submitting an application. Net replacement rates remain the same Regardless of the model of short-time work, employees will continue to receive 80-90% of the net pay they received before short-time work. Compulsory use of vacation For every 2 months or part thereof of short-time work, employees must now consume at least 1 week of vacation, provided the employee has sufficient vacation credit. If the employee fails to consume vacation, even though he or she is entitled to do so, the company may not charge lost working time to this extent for the short-time work allowance. Short-time work and collective redundancies Employees who are registered for collective redundancies with the Labour Market Service pursuant to Section 45a AMFG can now also be exempted from short-time work. This requires the social partners’ consent (Annex 3 of the SPV). With regard to these staff reductions, there is no obligation to replenish the workforce during short-time work.
11/06/2021
COVID-19 and labour law: compulsory testing and vaccination at the workplace
The question of whether companies can oblige workers to undergo COVID-19 tests and vaccinations, and what the consequences and what the consequences are under employment law in case of refusal leads– unfortunately – to ambiguities in the current public debate. There is often talk of legal grey areas as well as the need for clearer rules for employers and employees. However, the legal situation is by no means as unclear as it is often made out to be. Of course, due to its complexity, various aspects must be considered when assessing this question, but at the same time, clear conclusions can be drawn. We have summarised the most important of these below. It must be emphasised, however, that these decisions will always be made on a case-by-case basis and that generalisations should be avoided. Employment  law consequences in view With this information, we would like to give you security not only now, but also for the future.   As the vaccination drive progresses, there will always be unvaccinated employees alongside vaccinated ones – regardless of whether they do not want to or cannot be vaccinated. Companies are facing new employment -law challenges, since compulsory vaccination is not planned to be implemented in this country. The answer to the question about the vaccination status of employees and in the case of a conscious decision against vaccination, in the final analysis, after weighing up the interests, even dismissal is possible can be responded with yes. In their recently published articles, employment law experts Bernhard Hainz and Christoph Wolf take a comprehensive look at employees’ personal rights and fiduciary duties, employers’ duties of protection and care as well as data protection considerations in order to comment on the consequences under labour law:  Vac­cin­a­tion status in the employment re­la­tion­ship­Man­dat­ory testing and vaccination in the COVID-19 pandemic from an employment law perspective How compulsory tests and vaccinations can be justified: 1. They’re in everyone’s interest: a risk-benefit analysis will usually show that the benefits of COVID-19 testing, and vaccination outweigh the potential risks in terms of protecting oneself and others. 2 Duty of care: companies must ensure the health and safety of all workers, which includes taking measures to prevent the risk of infection. 3. Duty of loyalty: workers must protect the interests of the employer, but also those of colleagues and customers, which is why protective measures for everyone’s benefit, such as testing, must be observed. 4. Duty of disclosure: both the question of proving a negative COVID-19 test result and proving one’s vaccination status are permissible and must be answered truthfully – largely irrespective of the worker’s sector and field of activity. 5. Obligation to test: this can be implemented beyond the legal framework applying employer instructions and is justified by the danger of infection with the coronavirus. 6. Compulsory vaccination: even if there is no actual obligation to vaccinate in the employment relationship, the failure to vaccinate or to present proof of vaccination can in certain cases be a factual justification for dismissal. 7. Data protection: The processing of health data by the employer can be based on the above-mentioned duty of care in connection with the fight against the pandemic.   8. No works agreement: a vaccination or immunity status query is to be considered an occupational requirement for which neither a works agreement nor the consent of the works council is required. If you have  any questions, please do not hesitate to contact our employment law experts. 
17/11/2020
Short-time work in lockdown
Corona short-time work has been extended from 1.10.2020 to 31.3.2021 ("phase 3 short-time work"). Due to the new protective measures (the “new lockdown”) against the spread of COVID-19, the social...
25/08/2020
“CMS unchallenged at the top of the JUVE ranking for employment law” in...
The current issue of the industry magazine JUVE is dedicated to Austria's best law firms for employment law. CMS remains the undisputed leader in the ranking of law firms for employment law. As one lawyer...
30/07/2020
CMS employment law team publishes a number of new legal titles on current...
From the Corona Handbook, through a detailed analysis of part-time discrimination in collective agreements, to a practical commentary on the procedural law of the labour and social courts (ASGG): the...
26/03/2020
Covid-19 and labour law: opportunities beyond short-time work
Companies are meeting the current economic challenges in a variety of ways. In some cases, work is being reorganized in such a way that work is increasingly or exclusively carried out from home [Read...
23/03/2020
Short-time work, tailor-made
Short-time work in Austria - What is possible for companies and employers in the current situation? Current developments affect companies in a variety of ways and to varying degrees. The respective economic...
18/03/2020
UPDATE: Employment Law Pack "Coronavirus"
1. Which businesses need to close, and which may continue to operate as normal? On Sunday, 15 March 2020, the Austrian Federal Act relating to Provisional Measures for Preventing the Spread of COVID-19...
16/03/2020
UPDATE: Employment Law Pack "Coronavirus"
1. Which businesses need to close, and which may continue to operate as normal?  On Sunday, 15 March 2020, the Austrian Federal Act relating to Provisional Measures for Preventing the Spread of COVID-19...