Our team includes leading employment lawyers in Austria. We provide strategic and business-focused advice on Austrian employment law to national and international corporations, SMEs, NGOs and senior executives.
Whether you are dealing with employee terminations, restructuring or compliance matters, complex employment law issues require fast, precise and business-focused legal advice.
We provide clear recommendations, personal support and practical strategies tailored to your business. From day-to-day employment law matters to complex and sensitive situations, you can rely on us to help you make the right decisions.
HALO Arbeitsrecht ist
unfassbar toll und ich
brauche hier noch einen
Text, das ist nur ein
Platzhalter.”
“HALO Arbeitsrecht ist
unfassbar toll und ich
brauche hier noch einen
Text, das ist nur ein
Platzhalter.”
“HALO Arbeitsrecht ist
unfassbar toll und ich
brauche hier noch einen
Text, das ist nur ein
Platzhalter.”
“HALO Arbeitsrecht ist
unfassbar toll und ich
brauche hier noch einen
Text, das ist nur ein
Platzhalter.”
“HALO Arbeitsrecht ist
unfassbar toll und ich
brauche hier noch einen
Text, das ist nur ein
Platzhalter.”
No. Under Austrian employment law, an employment contract generally does not have to be in writing. It may also be concluded orally or through conduct.
However, employers are generally required to provide employees with a written statement (“service note”) of the essential rights and obligations arising from the employment relationship (Dienstzettel) immediately after the start of employment, unless a comprehensive written employment contract has been provided.
An employment contract or written statement of employment terms (Dienstzettel) must contain certain minimum information, including:
Not generally. Many employment contracts and employment-related agreements in Austria are valid without a qualified electronic signature.
However, where a statutory, collective bargaining or contractual written-form requirement applies, a qualified electronic signature may be required for electronic execution because it is the electronic equivalent of a handwritten signature under Section 4 of the Austrian Signature and Trust Services Act (SVG).
Employers cannot freely choose which Austrian collective bargaining agreement (CBA) applies to their business.
As a general rule, the applicable CBA is determined by the employer’s trade licence and the resulting membership in the competent professional organisation within the Austrian Federal Economic Chamber.
Not automatically. Merely employing staff in Austria does not necessarily mean that a foreign employer without a registered office or establishment in Austria is fully subject to an Austrian collective bargaining agreement.
However, Austrian minimum remuneration requirements and other mandatory employment law provisions, including rules on working time and annual leave, must still be observed where applicable.
Not necessarily. If the applicable collective bargaining agreement only increases the minimum salary or wage, the employer is generally required to ensure that the employee receives at least the new applicable minimum remuneration. If the employee’s actual salary already exceeds that amount, an automatic salary increase is not necessarily required.
However, if the collective bargaining agreement provides for an increase in actual salaries (“Ist-Gehaltserhöhung”), as may be the case under certain Austrian CBAs, salaries or wages must also be adjusted if they already exceed the applicable minimum remuneration.
Yes. Statutory maximum working time limits also apply to employees with all-in salaries or lump-sum overtime arrangements.
As a general rule, working time may not exceed 12 hours per day and 60 hours per week. In addition, average weekly working time may not exceed 48 hours over a 17-week reference period.
Employers using all-in clauses must also regularly assess whether the agreed lump-sum remuneration actually covers the overtime worked, including the applicable overtime premiums. If it does not, the employee is entitled to payment of the shortfall.
As a general rule, an employer in Austria may terminate an employment relationship by giving ordinary notice without having to state a specific reason.
However, employers must comply with the applicable notice period and termination date as well as any mandatory works council consultation procedure. Additional requirements and special protection against termination apply to certain groups of employees, such as pregnant employees and employees performing military or alternative civilian service.
Employees may challenge a termination before the Austrian courts on various grounds, including social unfairness, unlawful motives or procedural errors, such as non-compliance with applicable notice requirements or works council procedures.
Additional risks arise where employees are subject to special statutory protection against termination.
Yes. If there are sufficient statutory grounds for dismissal, an employment relationship may be terminated with immediate effect and without notice.
The relevant grounds for immediate dismissal are primarily governed by the Austrian Salaried Employees Act (Angestelltengesetz) and the Austrian Trade Regulation Act 1859 (Gewerbeordnung 1859). An employer must generally act without undue delay once it has sufficient knowledge of the circumstances justifying the dismissal.
Foreign companies can generally employ staff in Austria without establishing an Austrian subsidiary.
However, a number of Austrian employment law, tax and social security issues must be assessed, including:
Depending on the employee’s activities and the company’s business model, Austrian trade law requirements, permanent establishment issues and cross-border notification or registration obligations may also need to be considered.
No. The place of work must be agreed between the employer and the employee. As a general rule, employers cannot unilaterally require employees to work from home, and employees do not have a general statutory right to work from home.
Remote work therefore requires an agreement between the employer and the employee. Specific statutory requirements may also apply, including rules on written agreements, termination options, reimbursement of costs and accident insurance protection.
These rules may also apply to other forms of remote or mobile working.
No. EU Member States were required to transpose the EU Pay Transparency Directive into national law by 7 June 2026. As of August 2026, Austria had not yet completed its implementation.
Employers should nevertheless already prepare for the upcoming pay transparency and equal pay requirements.
Employers should review their remuneration structures, salary bands and the criteria used to determine pay.
In particular, companies should assess whether differences in pay for equal work or work of equal value can be justified by objective, gender-neutral criteria. Recruitment processes and the documentation of remuneration decisions should also be reviewed and adapted to the new pay transparency requirements.
