A recent case of refusal to work on religious grounds has met with a lack of understanding. A woman who had converted to Islam had refused to accept a job as a kitchen assistant at a fast-food chain, which had been arranged by the social security office. She stated that, due to her faith, contact with pork and meat not slaughtered in accordance with halal practices was strictly forbidden.
However, anyone living in Austria who claims financial support from the state must adapt to local customs and be available for work. The social security office therefore did not accept this excuse and consequently suspended the woman’s emergency benefit for 42 days.
The case eventually reached the Supreme Court after lower courts had reached differing conclusions on the matter. The Administrative Court made it unequivocally clear that one cannot simply evade the requirements of employment in this country on religious grounds. The woman should at least have applied for the post and clarified during the interview whether it would have been possible to work without coming into contact with meat. The blanket refusal to accept a post that complies with local standards and the normal day-to-day work routine in the catering industry was deemed inadmissible.
The ruling clearly demonstrates that religious sensitivities do not provide a free pass to refuse to participate in the labour market or to reject job offers. Anyone who receives support from the community must adapt to the rules and realities of the country. The Federal Administrative Court must now rehear the case, taking these clear guidelines into account.