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Silvia Samek

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Silvia Samek is a junior associate of Baker McKenzie's Practice Group Employment Law in Vienna. Prior to joining the Firm in December 2020, she completed her legal clerkship at various courts in Vienna and gained experience as a trainee in several renowned Austrian law firms. Silvia studied business law at the Vienna University of Economics as her main study. Additionally, she studied Executive Management at the FHWien University of Applied Sciences of WKW and European Economy and Business Management at the University of Applied Sciences BFI Vienna.

Against the background of the EU Posting Workers Directive and the ECJ case law, the Wage and Social Dumping Prevention Act (“Lohn- und Sozialdumping-Bekämpfungsgesetz”, “LSD-BG”) has been amended effective as of 1 September 2021. In summary, the scope of the Wage and Social Dumping Prevention Act was limited and the provisions regarding administrative penalties were mitigated. However, provisions for long-term postings are now stricter.

Reasons for a clear and definitive YES to COVID-19 vaccinations

Mandatory vaccination is not to be expected. Nevertheless, employers and employees can greatly benefit from COVID-19 vaccinations. This is true from a health, economic and legal perspective. Companies which recognize these benefits (early on) will have a significant competitive advantage.