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Copyright of FinanzRundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Berliner Journal für Soziologie is the property of Springer Nature and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The four-day workweek is currently one of the most discussed topics in labor policy and economics. Historically advocated by employers to reduce personnel costs without comprehensive wage compensation, the concept has evolved. Today, it is primarily supported by unions and employee-oriented political parties, with many employees seeing it as a way to improve work-life balance. This shift reflects a labor market that has become more employee-driven due to demographic changes and a general labor shortage. This article explores the legal framework for implementing a four-day workweek under three models: with unchanged weekly working hours, with reduced hours and full wage compensation, and with reduced hours without wage compensation. It discusses the potential benefits and challenges of each model, including legal constraints, the impact on labor costs, and the implications for productivity and labor relations. The conclusion considers a change from the previous daily to a weekly maximum working time to be indispensable. It calls for flexible, tailored solutions through collective agreements and further research on the long-term effects of the four-day workweek on productivity, employee satisfaction, and the economy. [ABSTRACT FROM AUTHOR]

The article deals with the liquidation right of the hospital operator for elective medical services. It is stated that the hospital operator is entitled to bill these services as elective services to the patient, even if the doctor providing the service in the hospital does not have the right to liquidate the patient. A specific judgment of the Cologne Regional Court is cited as an example, in which the defendant was ordered to pay a certain amount. It is argued that the presence of a dental director is constitutive for a medical care center (MVZ) and serves to protect the insured. According to § 17 para. 3 sentence 1 KHEntgG, an agreement on elective medical services extends to all employed or civil servant doctors involved in the patient's treatment in the hospital. These services can also be provided by doctors outside the hospital. The regulation allows the hospital to exercise the liquidation right and bill the treatment by elective doctors. It is not necessary for the doctors in the hospital to have the right to liquidate the patient. The billing of elective medical services can be done by both the elective doctor and the hospital. The purpose of elective doctor agreements is to enable the patient to receive personal attention and treatment from certain leading or particularly qualified doctors. The question of whether an elective doctor appointed by the hospital is entitled to liquidate and whether and to what extent he is involved in the proceeds of elective medical services concerns solely the employment relationship between the doctor and the hospital and is irrelevant to the patient. The obligation to provide personal services by the elective doctors arises from the elective service agreements with the hospital. The Federal Court of Justice (BGH) has stated that a hospital operator can have a liquidation right even without the assignment of claims by the elective doctor if he undertakes to provide all necessary services, including medical care, within the framework of a total hospital admission contract. There are disputes as to whether elective medical services may only be billed by doctors entitled to liquidate. However, the Cologne Regional Court has confirmed that the hospital operator is entitled to bill elective medical services itself. The article deals with the interpretation of § 17 para. 1 sentence 1 KHEntgG, which states that besides the fees for inpatient treatment, other services may be billed separately as elective services as long as the general hospital services are not affected and this is agreed with the hospital. It is argued that this wording does not indicate that the billing of services should be in favor of a third party. It is also pointed out that the elective service agreement is not an independent agreement, but merely a supplement to the total hospital admission contract. It is stated that the hospital operator can be considered the sole creditor, especially when a total hospital admission contract is concluded. It is argued that there is no need to interpret a third party as the holder of the claim in § 17 para. 1 sentence 1 KHEntgG. The Social Court dismissed the claim of the plaintiff for damages for the years 2004 to 2007 and instead granted the counterclaim of the defendant for payment of 374,275. [Extracted from the article]

Copyright of FinanzRundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article deals with the legal aspects of recruiting and employing nursing professionals from third countries in Austria. It is pointed out that both employers and employees have to go through complex and time-consuming procedures. The article provides an overview of the necessary procedural steps and legal foundations. It also discusses the legal situation in Germany to demonstrate a simplification of the overall process. The article emphasizes the importance of recruiting foreign professionals to fill open positions in the nursing sector quickly and with qualified individuals. It is also noted that a team with employees from different cultural backgrounds can benefit from different experiences and ways of thinking. The article also mentions the complex legal framework for recruiting international professionals in Austria and the various laws that regulate this. It is noted that the process of recruiting, hiring, and integrating international professionals is a major challenge and requires enormous administrative effort. It is also pointed out that an accelerated skilled worker procedure, as already practiced in Germany, can increase efficiency and speed up the recruitment and hiring process. The text describes the requirements and procedures for applying for a Red-White-Red Card for foreign professionals in Austria. The required documents include proof of adequate accommodation, health insurance, livelihood, and German language skills. Individuals who have completed training in a nursing assistant profession or in advanced health and nursing care are exempt from the Foreign Employment Act. Applications are submitted to the locally competent provincial government and reviewed by the regional branch of the Public Employment Service. It is discussed whether this review could be waived for nursing professions, as they are in demand. The article describes the process of nostrification of foreign educational qualifications in the field of health and nursing care in Austria. It is explained that the completed education is extensively and detailedly examined and that the required language skills must be proven. Age plays a subordinate role. It also discusses the professional regulations of the Health and Nursing Care Act (GuKG) that regulate the activities of qualified nursing professionals. It is emphasized that nostrification should only be carried out in exceptional cases for further training purposes without having to go through a complex nostrification procedure. The required documents for the nostrification procedure are also listed. The certification of documents is required depending on the country of origin. Specific certification and translation guidelines apply to nursing staff from Tunisia recruited for the LKH-University Hospital Graz. All documents issued in the country of origin must have full diplomatic certification to be recognized in Austria. Certification can be done by the Austrian representation authority in the country of origin. The documents must be submitted in German or English translation, which must be made by an officially registered and sworn interpreter. The translations must be certified by the interpreter. The entire process [Extracted from the article]

The Administrative Court (VwGH) has decided that medical emergency transport attendants are considered independent contractors. When assessing the economic dependence on the employer, it does not matter whether the operating resources are necessary or what the company's object of business is. The article describes the activities of the emergency transport attendants and their contracts with the companies. A second applicant for revision, who works as a medical emergency transport attendant, had no specifications or instructions and carried out his tasks independently. The Federal Administrative Court determined that the second applicant for revision was not a genuine employee, but had a freelance employment relationship. The VwGH confirmed that medical emergency transport attendants can be considered independent contractors. [Extracted from the article]

Copyright of Wirtschafts- und Sozialwissenschaftliches Institut Mitteilungen is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeitschrift für Abgaben-, Finanz- und Steuerrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Soziologische Revue is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Wirtschafts- und Sozialwissenschaftliches Institut Mitteilungen is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article "Staff provision to outsourced hospitals and temporary employment directive" deals with the topic of staff provision in hospitals and the temporary employment directive. The European Court of Justice has ruled that a system of staff provision is not subject to the temporary employment directive if it is in the interest of the employees. In Austria, many hospitals have been outsourced to their own operating companies, which is considered a transfer of business under labor law. The legal situation for the outsourced state hospitals is more complex, as labor law is the responsibility of the state. However, a regulation has been created that allows employees to continue to be employed by the state while performing their work for the new legal entity. The article discusses the application of the temporary employment directive to long-term staff provision after outsourcing. It refers to a decision of the ECJ which states that the temporary employment directive is not applicable in a specific case. The ECJ argues that the employment relationship with a user company must inherently be temporary in order to fall under the directive. It is also emphasized that a permanent transfer of an employee's tasks to a third-party company cannot establish a temporary employment relationship. The ECJ also points out that the temporary employment directive exclusively applies to temporary employment relationships and not to permanent employment relationships. The article discusses the decision of the European Court of Justice (ECJ) regarding staff provision to outsourced hospitals and the temporary employment directive. The ECJ determines that in this specific case, there was no risk of abuse or circumvention of the directive. The ECJ refers to the objective of the directive, which takes into account both the flexibility needs of companies and the compatibility of work and private life. When tasks are definitively transferred to a third-party company, the objective of flexibility for companies and the creation of new jobs is not relevant, as the employment contract continues to exist. It is noted that the ECJ's decision does not provide legal certainty in cases where there is circumvention of the temporary employment directive. It is emphasized that staff provision is only legally secure if it satisfies a comprehensible workforce interest and does not result in a disadvantage compared to direct employment. [Extracted from the article]

Copyright of Wirtschafts- und Sozialwissenschaftliches Institut Mitteilungen is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article deals with the medical obligation to verify the oral order of medication preparation in an emergency situation. It is stated that a registered nurse can independently prepare a medically ordered injection and generally does not need to be verified by a doctor. However, the doctor is obliged to check the prepared medications if the label on the ampoule deviates from the instruction. The article also describes a specific case in which a wrong administration of medication occurred due to misunderstandings in communication. The court ruled that the doctor had violated her duty to control, but the dismissal was not justified as it was a one-time mistake and the doctor had not received a warning before. However, the appellate court ruled differently and dismissed the lawsuit, as the error was classified as grossly negligent. The plaintiff filed an extraordinary appeal, which was deemed admissible and justified by the Supreme Court. It was determined that the doctor did not have a supervisory duty towards the nurse, as she acted independently as a registered nurse. The Higher Regional Court of Graz considered the dismissal justified, while the Supreme Court (OGH) granted the doctor's claims in its decision of August 31, 2022, 9 Ob A 75/22b. The OGH argued that the doctor's one-time mistake in an emergency situation was not so serious that the continuation of the employment relationship would be unreasonable. The doctor had not made similar mistakes before and had never been warned for misconduct. The OGH relied on the relevant legal bases, in particular § 15 GuKG and § 49 ÄrzteG, as well as on relevant case law and literature. The general dimension of the text deals with the importance of quality-assuring communication. It is emphasized that incidents like the disputed case mentioned in the text should lead to appropriate measures through functioning quality assurance systems. These measures could include regular clarifications about communication behavior and a verifying control according to the "check and re-check" system, for example. The goal is to avoid similar sources of errors and optimize patient safety. [Extracted from the article]

Copyright of FinanzRundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of FinanzRundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Wirtschafts- und Sozialwissenschaftliches Institut Mitteilungen is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Wirtschaft und Wettbewerb is the property of Fachmedien Otto Schmidt KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeitschrift für Abgaben-, Finanz- und Steuerrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Die Unternehmensbesteuerung (Ubg) is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Wirtschafts- und Sozialwissenschaftliches Institut Mitteilungen is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Wirtschafts- und Sozialwissenschaftliches Institut Mitteilungen is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Wirtschafts- und Sozialwissenschaftliches Institut Mitteilungen is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Nachrichten aus der Chemie is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of FinanzRundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeitschrift für Abgaben-, Finanz- und Steuerrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this article, the authors present results of research on labor relations in the tourism sector on the Greek island of Crete and in the German capital Berlin. In both places, EU mobility regimes and labor migration intertwine within a constellation of crisis, and specific practices and strategies of migration and migrant labor are observable. Building on the theoretical examination of differential inclusion, perspectives on tourism and approaches to citizenship, the authors state a “Europeanization from below”. This develops past elitist community-building processes or invoking, form-giving structures and policies. It occurs as a self-empowering practice, in which, however, new forms of exploitation in the course of a (self-) precarization are also recognizable. These lead to an increasing blurring of the boundaries between the categories of mobility/stay and work/tourism. [ABSTRACT FROM AUTHOR]

Copyright of Soziale Welt is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)