Employment Law in Austria
Employment Law in AustriaUpdated on Monday 26th December 2022
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The Austrian labor laws provide for a good regulatory system that is mutually beneficial for the employer and employee. The good work environment, along with political stability and business-friendly policies make the country a good place to start a business in Europe and hire employees.
The Employment Law in Austria consists of a set of different laws and acts that help establish a solid legal base that encourages good business and employment relations and a harmonious balance between the employer and the employee.
One of our lawyers in Austria is able to provide you with detailed answers to any questions related to the employment rules and regulations.
The labor law in Austria
The most important legal sources for the employment laws in Austria are the Labor Constitution Act, the Employee Protection Act, the Act Governing the Employment of Foreign Nationals as well as many other acts that allow for a legal basis for temporary employment, maternity protection, paternity leave, rest period and holidays or the treatment of white-collar employees.
According to the Austrian Labor Law, there are several categories of workers: the employer, the freelancer or the contractor. Employees are hired based on an employment contract and must observe the company’s internal rules and regulations. The freelancer does not depend on the company internal rules although they are hired by it. These types of individuals are not as protected by the labor law as employees are.
Foreign employees are allowed to work in Austria based on a work permit. This document is applied for by the employer. One of our lawyers in Austria can help you with more information about hiring foreign employees in the country.
Regulations for employees and employers in Austria
The employment contract governs the relation between the employer and the employee and while they can be in written or oral form, the first type of agreement is preferable. The document must include details about both parties, basic information about the wage, working hours, annual leave, the duration of the employment, its termination and details about the work position. Collective bargaining agreements are common in Austria.
Restrictions apply to working hours and employees must be guaranteed a rest break in certain conditions. Employees have the right to to a minimum holiday entitlement of 25 working days and the public holidays which are not included in the paid annual leave. Pregnant employees and mothers are protected against dismissal and they have the right to paid maternity leave. Fathers can also claim paternity leave and/or part-time employment.
The termination of employment in Austria is made according to law, either based on a notice period or by observing the procedure for dismissal.
The experts at our law firm in Austria can help you with specialized legal advice for specific employment situations in the country.
Immigration to Austria is a relatively simple process if you work with our lawyers who can guide you regarding the required formalities. In addition to obtaining an entry visa, as is the case for non-EU citizens, a residence and work permit will also be needed. You also have the obligation to register with the local authorities, regardless of the country you come from and the reason for relocation.
Contact us for more information on the Austrian employment law and other related matters.