Reemployment commitment – Also binding with regard to non-compete clause

According to the case law of the Austrian Supreme Court (OGH), a reemployment commitment from the employer gives the employee the option to return to work under the same conditions as before.

If the employee exercises this option, a new employment contract is established on the previous terms, meaning the employment relationship is considered to be “re-established.” (OGH 30.05.2012, 8 ObA 27/12x)

In the absence of an agreement to the contrary, an employee who has exercised such a reemployment option and entered into a new employment relationship under the prior conditions remains bound by a non-compete clause included in the original employment contract.

OGH 16.05.2024, 9 ObA 23/24h