AI errors put Austrian workers at risk of losing legal claims

Artificial intelligence systems are increasingly giving incorrect advice on Austrian employment law, the Lower Austrian Chamber of Labour warned, according to broadcaster ORF. The chamber said workers often receive German rules instead of Austrian ones when using tools such as ChatGPT or Gemini.

The Arbeiterkammer Niederösterreich said it had advised almost 60,000 employees during the first half of the year and secured €70.7 million in back payments. In more than 4,000 cases, it intervened on behalf of workers or took cases to court.

The cases involved incorrect wage calculations, unpaid salaries, severance under the former system, and compensation for unused leave or termination. In most cases, the advice resolved the problem without further action.

Markus Wieser, president of the chamber and chairman of the Lower Austrian branch of the Austrian Trade Union Federation, said many members first searched online for answers to employment-law questions before contacting the chamber.

He said AI tools frequently confused German and Austrian employment law. The rules governing dismissals and the deadlines for asserting outstanding claims differ between the two countries, while important details are often omitted.

“Employment law is always about the individual case,” Wieser said. “An AI can never assess this as well as an employment-law expert. Anyone who blindly trusts AI is taking a high risk and could lose important claims.” He said particular caution was needed when an employment relationship was ending.

Heavy-work pensions remain a key issue

The chamber also dealt extensively with the new rules on heavy-work pensions. Applicants generally need 45 years of insurance and must have performed heavy work for at least 10 years during the 20 years before retirement.

Under the rules, heavy work includes activities in which women burn at least 1,400 calories and men at least 2,000 calories at work. Regular exposure to heat or cold, shift work and rotating shifts can also qualify. Recently, nursing work has been included under easier eligibility conditions.

Proving the physical strain and calorie consumption requires extensive calculations and detailed records, said Thomas Kaindl, head of the chamber’s regional affairs department. The chamber recently helped a cleaner at a metalworking company in the Waidhofen an der Thaya district successfully apply to have her heavy-work periods recognised.

Chamber seeks solution for insolvency fund

The chamber also called for a rapid solution for the Insolvency Remuneration Fund, saying its resources were virtually exhausted after a rise in insolvencies in recent years.

Wieser said companies’ contributions to the fund had been reduced from 0.55 per cent to 0.1 per cent. He rejected limiting the fund’s liability to the equivalent of six and three months’ pay, saying this would financially affect thousands of employees and deny them claims.

He called for sustainable measures to guarantee stability and security for affected workers.