Compensation for incurred loss of earnings acc. to §32 of the Austrian Epidemics Act from 1950
In the following, you will find essential information as well as the forms you need to apply for and to calculate the reimbursement for incurred loss of earnings as a consequence of official measures in accordance with the Austrian Epidemics Act from 1950.
If a natural person or a legal entity or a private company under corporate law incurs a loss of earnings due to quarantine according to §7 or §17 of the Austrian Epidemics Act 1950 (EpiG), they have a right to compensation (§32, section 1, line 1 EpiG).
Compensation shall be paid for each day included in the official measures (based on the quarantine notification)..
On the basis of §32, section 3 of the EpiG, employees have the right to their regular salary in accordance with the Continuation of Remuneration Act. The amount of the compensation must be paid by the employer to the persons affected, on the dates that such payments are usually made by the company. The claim to compensation (gross earnings, incl. special payment and employers’ social security contribution towards health, accident and retirement insurance as well as the additional payment according to § 21 of the Workers’ Annual Leave and Severance Pay Act; BUAG) towards the federal government is transferred from the employer to the employee at the time the payment is made.
Applications must be made in writing using the forms provided in the following, via the respective district administration authority. Proof of continuation of remuneration, employers’ social security contributions and additional payments according to the BUAG payroll documents must be included.
In case of self-employed persons and companies, compensation must be paid on the basis of the registered income during a comparable period. The lost earnings are calculated according to the calculation ordinance of the EpG 1950, Federal Law Gazette II no. 329/2020, using the official form provided by the link below under the heading “Erlässe”:
Please note that applications for compensation for loss of earnings according to § 32 EpiG must be made within 3 months from the day the official measure was lifted, at the district authority in which jurisdiction the measure was implemented (§ 49, Austrian Epidemics Act of 1950).