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Published online by Cambridge University Press: 07 December 2023
Access to Austrian employment law is dependent on whether an individual can be regarded as an ‘employee’. Essentially, the idiosyncratic protection provided by employment law is awarded based on a binary option: the subordinate ‘employee’ in contrast to the self-employed person. Intermediary categories – such as the ‘quasi-subordinate’ status – are mere exceptions, although with increasing importance.
Austrian law does not provide a given notion of the ‘employee’. The Austrian Civil Code came into force in 1812, when special protection for employees was not considered necessary.
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