Employment rights in Austria

An employment contract can be written, oral or implied. If there is no written contract, you must receive a written statement of terms (Dienstzettel) when you start. It lists, among other things, the employer, start date, place of work, job classification, pay and payment date, annual leave, working hours, the applicable collective or works agreement and the notice period.

Austria has no general statutory minimum wage; minimum pay is set by collective agreements for each sector, occasionally by works agreements. In most cases pay is made 14 times a year: twelve monthly salaries plus holiday pay and a Christmas bonus (special payments). You receive a monthly payslip with a breakdown of tax and social insurance.

• The standard is eight hours a day and 40 hours a week; many collective agreements set shorter weeks, such as 38 hours. Under certain conditions, up to ten hours a day are possible.
• Overtime must be paid with a 50% supplement, in money or as time off. You do not have to work overtime if it conflicts with considerable personal interests, such as childcare or an urgent medical appointment.
• Work of more than six hours requires a break of at least 30 minutes, which is unpaid.
• After work you are entitled to at least 11 hours of uninterrupted rest, and to a weekly rest of 36 hours, normally from Saturday 13:00 and including Sunday.

You are entitled to at least five weeks of paid leave a year: 25 working days on a five-day week or 30 on a six-day week. After 25 years of service it rises to six weeks. Part-time and marginally employed workers have the same entitlement. In the first six months of the first year, leave accrues pro rata; from the seventh month the full entitlement applies. Leave must be agreed with your employer in advance.

• Probation may last at most one month (three months for apprentices). During probation either side can end the contract at any time without reasons.
• Notice by the employer for white-collar employees (Angestellte) is at least six weeks to the end of a calendar quarter, unless the contract or collective agreement says otherwise; for blue-collar workers, two weeks unless agreements set longer periods.
• Notice by the employee for white-collar employees is one month to the last day of a month.
• A fixed-term contract ends automatically at the agreed date. Employment can also end by mutual agreement, best in writing.
• Dismissal with immediate effect (Entlassung) requires a reason; even an unjustified dismissal ends the employment immediately, and you can then complain to the labour and social court. Get advice from the Chamber of Labour or your union straight away.

• Arbeiterkammer Wien, Prinz-Eugen-Straße 20–22, 1040 Wien, phone +43 1 50165-0 (Monday to Friday 8:00 to 15:45), for members.
• Trade unions for their members.
• Employers can turn to the Austrian Economic Chamber.