Among the Austrian population, the proportion of smokers lies between 40 per cent and 50 per cent, and an estimated 12,000 to 14,000 people die in Austria each year as a result of tobacco-related illnesses. It is therefore entirely conceivable that, as a non-smoker, one will sooner or later be confronted in some way with the issue of 'smoking in the workplace'. The aim of this paper is to outline the aspects of non-smoker protection under labour law and public law. It begins with an overview of the legal development of non-smoker protection at EU level and in Austria. It then sets out the applicable legal framework. Options for implementing protection for non-smokers are discussed in the fourth chapter. The fifth chapter deals with the legal remedies available to a non-smoking employee against their employer and colleagues in the event of a breach of non-smoking protection provisions. Finally, the consequences of breaching non-smoking protection provisions are outlined.
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