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Terms found Action for the restoration of ownership Amended dismissal Annuity Appeal against a decision Asset Assignment of Claims (Cession) Austrian Public Employment Service (AMS) Banking secrecy Bankruptcy proceedings BaSAG Book value / carrying amount Branch Brokerage Agreement Building Law Business Business entity Call for Tenders Capitalisation Casual Employment Certification Change in Operations Collective Bargaining Agreement Company Agreement Company Pension Comparison of business assets Compensation Compliance Compulsory enforcement Consumer Protection Act Corporate Reorganisation Act (URG) Corporation Covenants Debt restructuring Debtor Declaration of consent Decree Deferral Discount Dividend Double taxation Double-entry bookkeeping Easement Employee Stock Ownership Equity Equity loan Factoring Fees Act Financial plan Foreclosure sale Foreign-currency loan General partnership General Protection Against Dismissal Global assignment GmbH Group taxation Guarantee Guarantee credit Hidden reserves Hire Purchase Insolvency Insolvency Act Insolvency administrator Insolvency estate Insolvency register Inspection of the Land Register Inventory Land Register Letter of comfort Lien Limited partnership Liquidation Loan Loss Carryforward Maternity leave Merger Natural person Nominal value Option Outsourcing Part-time work Partnership Personal insolvency Pledge principle Preliminary decision on an appeal Progression Prohibition of alienation and encumbrance Prohibition on the repayment of deposits Property income tax Provision Proxy Public Limited Company Reallast Repayment Restriction on Transfer Restructuring proceedings Retention of title Revision Right of first refusal Right of retention Rights in rem Self-consumption Severance Pay Severance Pay new Severance Pay old Shareholder loans Short-time work Silent partnership Skimming procedure Social Plan Sole Proprietorship Standard value Stock Subscription right Superstruction Supervisory Board Tenancy agreement Works Council

Business

What is a business?

In everyday language, the term ‘business’ is often used as a synonym for ‘company’. In the context of labour law, a ‘workplace’ is defined as any place of work that constitutes an organisational unit within which a natural or legal person, or a group of persons, continuously pursues the achievement of specific work outcomes using technical or intangible means, regardless of whether or not this is done for profit.

Given the central importance of the ‘betrieb’ in labour constitution law, it is possible to initiate proceedings to determine whether a ‘betrieb’ exists (Section 34(2) and (3) of the Labour Constitution Act (ArbVG)). This is particularly significant when a works council is to be elected for a sub-operation. Unlike a company, a business unit does not have legal personality. Rather, it must always be attributed to a legal entity. A business unit is therefore not subject to insolvency proceedings and cannot act as an employer. This role is always fulfilled by the business entity.

 

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