UK or Austrian labour law for me?

DUS

Hi,

I am living in the UK and I am employed by an Austrian company. Since I am the only employee in the UK, the company has no legal entity and no office in the UK. So I am working from home.

My question is: If the company were to make me redundant, would they have to consider Austrian or UK labour laws?

And on a slightly different note: Payment of salary. Is there a law that says that the salary has to be paid, i.e. cleared in the employee´s bank account, on the last day of the month (at the very latest, I mean)? Although my employer paid late from time to time, this isn´t a major issue since for the last few months they´ve managed the money to clear on the last day of the respective months, but I´d like to know what the legal position is here in the UK. I recently spoke to someone in Accounting and he was surprised about my previous experience with companies in Germany and even mentioned a "grace period" of a couple of days according to Austrian law.

Anyway, my main question is about the applicable law when it comes to making me redundant. Thank you!

Cheers and best,
DUS

borders_dude

DUS wrote: »

And on a slightly different note: Payment of salary. Is there a law that says that the salary has to be paid, i.e. cleared in the employee´s bank account, on the last day of the month (at the very latest, I mean)? Although my employer paid late from time to time, this isn´t a major issue since for the last few months they´ve managed the money to clear on the last day of the respective months, but I´d like to know what the legal position is here in the UK. I recently spoke to someone in Accounting and he was surprised about my previous experience with companies in Germany and even mentioned a "grace period" of a couple of days according to Austrian law.

This would normally be a matter dealt with in the employees contract.

DUS

borders_dude wrote: »

This would normally be a matter dealt with in the employees contract.

You are right, but in this case, it isn´t.

DUS

Debt_Free_Chick

DUS wrote: »

You are right, but in this case, it isn´t.

DUS

Are you sure? What does your contract say? It ought to state normal place of work (UK, I guess?) and it should state how salary is paid e.g. in GBP. All contracts - not just those for employment - usually state the legal jursidiction governing the contract.

As for date of payment of salary - again your contract should state the day on which salary is normally paid, but there is no legal requirement for it to have cleared by a particular day. However, if you are paid monthly, it would be reasonable to expect that salary would clear no later than the last day of the month - but there is no legal requirement for this.

DUS

Debt_Free_Chick wrote: »

Are you sure?

Yes, I am . :-)

Debt_Free_Chick wrote: »

What does your contract say?

Well, that´s the "problem" in this case. When I joined this company (which I knew very well before joining) on short notice last year, we exchanged a letter detailing the key facts, like how much I earn, probation period, notice period etc. but a "proper" contract should be designed "later". Well, it´s a small company, we talked about the proper contract but I could not agree on one of the clauses in it, so after weeks/months of debating this clause, the company never approached me again with regard to the proper 12 page employment contract.

That´s why I´ve been working all the time based on the two-page letter only.

Debt_Free_Chick wrote: »

As for date of payment of salary - again your contract should state the day on which salary is normally paid, but there is no legal requirement for it to have cleared by a particular day.

Thank you!

DUS

Debt_Free_Chick

DUS wrote: »

Well, that´s the "problem" in this case. When I joined this company (which I knew very well before joining) on short notice last year, we exchanged a letter detailing the key facts, like how much I earn, probation period, notice period etc. but a "proper" contract should be designed "later". Well, it´s a sall company, we talked about the proper contract but I could not agree on one of the clauses in it, so after weeks/months of debating this clause, the company never approached me again with regard to the proper 12 page employment contract.

This is helpful, I think.

Firstly, does the two pager appear to create a English contract? Anything in it suggesting that you are not governed by English employment law?

And secondly .... even though you didn't sign the full contract, was that going to be an English contract? If so, then you can point to the intention that you were to be governed by English employment law.

HTH

borders_dude

DUS wrote: »

You are right, but in this case, it isn´t.

DUS

Did it never occur to get this ironed out by your employer?

DUS

Debt_Free_Chick wrote: »

Firstly, does the two pager appear to create a English contract? Anything in it suggesting that you are not governed by English employment law?

Well, the 2-pager is written in German and makes no reference to the applicable law.

Debt_Free_Chick wrote: »

And secondly .... even though you didn't sign the full contract, was that going to be an English contract? If so, then you can point to the intention that you were to be governed by English employment law.

That´s a good and valid point. Will have to look it up. The full employment contract was in English so might have the relevant clauses in it. It´s just too long ago that I had a look, so I don´t remember it right now.

Cheers,
DUS

jazzyman01

You are employed in the UK and therefore your employer must abide by UK law.