Austria (AT)
Austria is a landlocked Central European republic of nine federal states (Bundesländer), renowned for its stunning Alpine landscapes, imperial history, world-class classical music, and high standard of living.
Employment Rights
Sick leave, dismissal protection and red flags in Austria.
Austrian employment law is comprehensive and employee-friendly. It is governed by the Arbeitsverfassungsgesetz (ArbVG), the Angestelltengesetz (AngG) for white-collar employees, the ABGB (general civil code), and numerous sector-specific Kollektivverträge (collective agreements — KV). The Kollektivvertrag is central to Austrian employment: almost all sectors have a KV that sets minimum wages, working hours, notice periods, and benefits above the statutory minimum. The Arbeiterkammer (AK) provides free legal advice to all employees. Works councils (Betriebsräte) exist in companies with 5+ employees and have strong codetermination rights.
Sick leave
Rules: Employees are entitled to continued wage payment during illness (Entgeltfortzahlung im Krankheitsfall). The duration depends on years of service: up to 6 weeks at full pay + 4 weeks at half pay in the first year, increasing to 12 weeks full + 4 weeks half after 15+ years of service. A doctor's certificate (Krankenstandsbestätigung) can be required from day 1 — check your employment contract.
Doctor note: Day 1 (most employment contracts require doctor's certificate from day 1 of illness). Some KVs allow 3 "self-certification" days per year. Always clarify your employer's specific requirement.
Employer pay: Full pay for 6–12 weeks (depending on tenure); half pay for 4 weeks thereafter. After that: Krankengeld from ÖGK (50–60% of reference income).
Long-term: After employer pay period ends: Krankengeld from ÖGK (Österreichische Gesundheitskasse) — approximately 50% of the daily net wage basis. Krankengeld can be paid for up to 52 weeks (within 2 years for the same illness). After 26 weeks: Rehabilitationsgeld (rehabilitation benefit) may apply for chronic conditions.
Dismissal protection
Law: The Kündigungsschutz (dismissal protection) under ArbVG and AngG. Standard white-collar notice periods: 6 weeks (up to 2 years service), 2 months (2–5 years), 3 months (5–15 years), 4 months (15–25 years), 5 months (25+ years) — employer side. Effective at end of calendar quarter (Quartalskündigung) unless KV says otherwise. Unfair dismissal: challenge at Arbeitsgericht (Labour Court) within 14 days. Protected groups (pregnant women, works council members, disabled persons) have heightened dismissal protection requiring court approval.
Deadline to sue: 14 calendar days from receipt of dismissal notice to file a Kündigungsanfechtung (dismissal challenge) at the Arbeitsgericht. Unlike Germany (21 days), the Austrian deadline is shorter. Act immediately — the AK can assist.
Probation
One month standard Probezeit (probation period) for both white-collar and blue-collar employees. During probation: either party can terminate without notice and without reason. Some KVs and agreements allow up to 3 months — check your Dienstvertrag. Probation cannot be waived but can be agreed not to apply.
Notice periods
Employee notice: 1 month (standard per AngG), sometimes stipulated as end-of-quarter notice. Employer notice: 6 weeks to 5 months as above. Instant termination (fristlose Entlassung/Austritt): only for severe misconduct (employer) or serious breach (employee) — substantial back-pay risk if unjustified.
Working time
Max hours: 8 hours per day and 40 hours per week as the standard. Austrian law permits up to 12 hours per day and 60 hours per week (Arbeitszeitflexibilisierung 2018 reform), but only on a voluntary basis and with specific rules. Maximum average 48 hours per week over 17 weeks. Overtime (Überstunden) must be paid at 150% of regular wage or compensated with time off (Zeitausgleich) at 1.5× the time worked.
Min rest: Minimum 11 consecutive hours rest between working days. Minimum 36 hours uninterrupted rest per week (usually the weekend). 30-minute break after 6 hours of continuous work.
Overtime: Overtime up to 20 hours/week allowed with employee's written consent under the 2018 Arbeitszeitgesetz reform. First 10 overtime hours over 10h/day: 50% premium or Zeitausgleich at 1.5×. Employers cannot compel more than 10 hours/day or 50 hours/week. "Überstundenpauschale" (flat overtime rate in contract) is common — check that it covers actual overtime worked.
Vacation
Minimum 30 working days (5 weeks) paid annual leave per year (Urlaubsgesetz). Increases to 36 working days (6 weeks) after 25 years with the same employer. Leave accrues from day 1 of employment. Unused leave must be taken by March 31 of the next year (or agreed carryover). Employer cannot unilaterally cancel approved holiday except in extreme emergencies. Vacation pay (Urlaubsgeld) as a 13th/14th salary payment is standard in most KVs.
Anti-discrimination
Gleichbehandlungsgesetz (Equal Treatment Act) prohibits discrimination on grounds of sex, age, religion, ethnicity, disability, or sexual orientation in employment. The Gleichbehandlungsanwaltschaft (GBK — Equal Treatment Ombudsperson) handles complaints. Employers must provide Lohngleichheit (equal pay) for equal or equivalent work regardless of gender. Austria requires companies with 150+ employees to publish an annual Einkommensberichte (income report) disclosing gender pay gap data.
Contract red flags
- !Salary below the applicable Kollektivvertrag (KV) minimum — always verify the KV for your sector at wko.at/kv
- !No mention of the applicable Kollektivvertrag in the contract
- !Fixed-term contracts renewed more than twice — Austrian law limits consecutive fixed-term renewals
- !24-month non-compete clause — Austrian courts typically limit these to 12 months and require compensation
- !"Rufbereitschaft" (on-call) unpaid — Austrian law requires compensation for on-call time
- !Waivers of entitlements to Urlaubsgeld or Weihnachtsgeld — legally invalid if KV guarantees these
- !Excessive Überstundenpauschale that clearly does not match expected overtime — courts may invalidate these
- !Probation period longer than 1 month without KV basis — check what your specific KV allows
- !"Konkurrenzklausel" without a post-contractual salary component — likely unenforceable without compensation
- !No Dienstzettel (written statement of employment terms) provided within 1 week of starting — legally required; sets the evidence baseline for all disputes.
- !Missing Lohnsteuerausgleich (annual tax settlement) from employer in February/March — if employer does not auto-file, you must submit Arbeitnehmerveranlagung (annual employee tax return) to Finanzamt.
Employment Rights
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