Breaches of obligations under labor law

Breaches of obligations by employees and employers cause considerable economic damage and are as old as labor law itself.

The violations take place on both sides! However, it must be clear in the event of intended legal enforcement that, in accordance with the rules on the burden of proof, the evidence must be strong enough to obtain a conviction of the other party. It should also be noted that experience has shown that the socially weaker party, usually the employee, has a slight advantage here. For these reasons, the quality of evidence (evidence must be usable in court) is of particular importance.

Due to the current situation with Covid19, working from home is gaining popularity – an increasing number of employees are currently working more often within their own four walls than at their employer’s premises. However, it is usually underestimated that employment law, rights and obligations also apply here, both for employees and employers. Employers face additional challenges when it comes to enforcing their rights. The „home office“ is usually located in the employee’s private residence/private home, which means that supervision is only possible to a limited extent.

Where can we help you here? We have summarized a few examples of infringements for you:

On the employee side:

  1. False working time records
  2. Abuse of sick leave
  3. Unauthorized secondary employment or „bungling“.
  4. Embezzlement and stock thefts
  5. Violation of non-competition clauses
  6. Bullying in all its forms

On the employer side:

  1. Non-payment of overtime/overtime and mileage allowance for use of private vehicle.
  2. Refusal to continue to pay wages during vacation/sick leave
  3. Unauthorized constant surveillance of employees with cameras etc.
  4. Bullying in all its forms

We at the Sentinel Group can support the injured party with all our expertise and experience in investigating and obtaining evidence (it is not uncommon for observations to lead to the desired result) in order to provide the legal representation with the information it needs to enforce its rights.

If successful, the costs incurred for this can be reclaimed from the other party.

We offer a free initial consultation – in person or via video conference – during which we discuss the challenges facing your company and possible solutions.

Do not hesitate to contact us if required! You can reach us by telephone on +43(0) 02167 405041 or by email at