Labour law and public aspects of the protection non-smokers

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.