Beste Arbeits- und Beschäftigungsrecht Anwälte in Österreich

About Arbeits- und Beschäftigungsrecht Law in Austria

Arbeits- und Beschäftigungsrecht in Austria governs the relationship between employers and employees. It includes individual contracts, wages, working hours, termination, and protections against unfair treatment. The framework blends general civil law with sector-specific rules found in statutes and collective agreements. Consult official sources to understand your rights in a given situation: the Rechtsinformationssystem des Bundes (RIS) hosts current laws, while the Arbeiterkammer and AMS provide practical guidance for workers. See RIS for exact text and updates at ris.bka.gv.at, and AMS for job-related support at ams.at.

Key elements include the statutory framework on working time, dismissal protection, anti-discrimination provisions, and the role of collective agreements. These laws aim to balance employer flexibility with employee security, while allowing industry-specific terms to be set by negotiations and agreements. For current interpretations and enforcement, refer to official resources such as RIS and guidance from the Austrian Chamber of Labour.

Professional counsel can help translate complex statutory language into practical steps. A lawyer specializing in Arbeitsrecht can assess contract terms, review termination notices, and advise on remedies or negotiations. If you face an urgent issue, consider contacting the Arbeitsinspektion for workplace compliance concerns.

Why You May Need a Lawyer

• Unlawful termination or non-notice termination: If your employer ends your contract without proper notice or without valid grounds, a lawyer can evaluate the dismissal, calculate severance if applicable, and pursue reinstatement or compensation.
• Wage arrears or overtime disputes: When pay slips show late or missing payments, or overtime hours are unpaid, a legal professional can document claims, calculate due compensation, and negotiate with the employer or pursue enforcement through courts or authorities.
• Disputes over working time and remote work arrangements: The Austrian Arbeitszeitgesetz (AZG) governs working hours and breaks. A lawyer can assess violations, such as overlong shifts, insufficient rest periods, or improper home office policies.
• Discrimination or harassment claims: If you experience unequal treatment due to gender, age, ethnicity, disability, or religion, a lawyer can guide you under the Gleichbehandlungsgesetz (GlBG) and related protections.
• Collective agreements and job classification: If your position, pay grade, or benefits appear misclassified beyond the scope of a collective agreement, counsel can review the relevant Kollektivvertrag (KV) provisions and negotiate with management.
• Workplace safety and inspectorate inquiries: When there are safety concerns or potential violations, a lawyer can prepare evidence, advise on remedies, and file complaints with the Arbeitsinspektion.

Local Laws Overview

Austria regulates employment primarily through specific statutes in addition to general civil law. Below are the main laws you are likely to encounter.

Arbeitszeitgesetz (AZG) - Working Time and Breaks

The AZG governs daily and weekly working hours, rest breaks, and night work protections. It applies across most private sector employment relationships, with some sector-specific exemptions defined in secondary regulations. Current versions are accessible through the RIS, which provides the official text and amendments. For current provisions and official text, see RIS and the AZG entry at ris.bka.gv.at.

Recent adaptations emphasize flexible working arrangements and documentation requirements for hours in some sectors, while preserving fundamental protections for rest and safety. Always check the latest RIS version to confirm any changes that affect your case. Guidance and practical summaries are available through the AMS and the AK.

Arbeitsverfassungsgesetz (ArbVG) - Works Council Framework

ArbVG regulates the establishment and operation of works councils and how employee representation interacts with management. It sets processes for elections, co-determination, and information rights in many Austrian workplaces. The official text and updates can be found in RIS.

ArbVG provisions are central when disputes involve collective interests or organizational changes. When in doubt, a lawyer can determine whether a works council must participate and how to protect your rights during restructures or changes to work conditions.

Gleichbehandlungsgesetz (GlBG) - Anti-Discrimination and Equal Treatment

GlBG protects employees from discrimination in employment and occupation. It covers protected grounds such as gender, race, religion, age, disability, and sexual orientation. The law supports equal pay and fair treatment in hiring, promotion, and access to opportunities.

Recent amendments have aimed to broaden protections and improve access to remedies. For current text and scope, consult RIS and detailed explanations from the AK and AMS portals.

Kollektivvertragsgesetz (KVG) and Collective Agreements

Collective agreements set sector-specific terms on wages, working conditions, and minimum standards above statutory baselines. Employers and employees in covered sectors must adhere to the applicable KV terms unless a more favorable individual agreement exists. These agreements are interpretable through sectoral bodies and can be checked in RIS.

When your pay or duties diverge from the KV terms, a lawyer can compare your contract against the relevant KV to determine rights to higher pay, overtime, or additional leave.

For authoritative text and updates on these laws, use the RIS database at ris.bka.gv.at, and seek practical guidance from official organizations such as the AK and the AMS.

Frequently Asked Questions

What is the difference between an employee and a contractor under Austrian law?

The distinction affects rights to minimum standards, protections, and benefits. Employees typically fall under the AZG and KV structures, while contractors operate under civil contract terms. When in doubt, a lawyer can assess your contract for true classification and exposure to risks or entitlements.

How do I file a wage claim for unpaid overtime in Austria?

Document hours worked, wages due, and any signed overtime policies. Submit claims to your employer in writing, and escalate to the Arbeitsinspektion if the issue is not resolved within a reasonable period. A lawyer can help prepare evidence and pursue remedies in court or through administrative channels.

When can an employer terminate employment in Austria with notice?

Termination must comply with statutory notice periods or the applicable KV terms. The reasonableness standard and procedural requirements vary by duration of service and contract type. Legal counsel can review the notice for compliance and potential remedies.

Where can I find official information about Austrian labor law?

Official texts are in the RIS database, accessible at ris.bka.gv.at. For practical guidance, consult the AMS portal and the AK resources, which translate statutes into worker-focused information.

Why is a works council involved in my company?

Works councils represent employee interests in matters like restructuring, workplace policies, and information-sharing. ArbVG outlines their formation and powers; involvement depends on company size and sector. A lawyer can clarify whether a works council must be consulted.

Can I dispute a termination and seek reinstatement in Austria?

Yes, you can challenge a dismissal if it is unlawful or procedurally defective. Remedies may include reinstatement or compensation. A lawyer can assess grounds and advise on next steps and timelines.

Should I document all hours worked for overtime claims?

Yes. Keep a detailed record of hours, shifts, and approvals. Documentation strengthens claims and can influence settlement negotiations or court outcomes.

Do I need a lawyer to handle a termination case?

While not always required, a lawyer increases the likelihood of a favorable outcome. An attorney can assess grounds, calculate entitlements, and manage communications with the employer and authorities.

Is severance pay mandatory in Austrian dismissals?

Severance depends on contract, KV terms, and court rulings. Some cases grant severance through collective agreements or negotiated settlements. A lawyer can determine eligibility and quantify the amount.

What is the typical notice period for termination in Austria?

Notice periods depend on duration of employment, contracting terms, and KV stipulations. The risk of miscalculation is high, so consult your contract and counsel to confirm exact periods.

How long does a typical labor dispute take in Austria?

Simple grievances can resolve in weeks to a few months, while complex disputes may take months to years in court. An attorney can outline a realistic timetable based on your case type and jurisdiction.

What steps should I take if I suspect discrimination at work?

Document incidents and gather witnesses and records. Report through company channels, then consider filing a formal complaint under GlBG with the appropriate authority. A lawyer can help build a robust case and pursue remedies.

Additional Resources

• AMS (Arbeitsmarktservice Austria) - Official government service for job placement, unemployment benefits, and re-training programs. Function: assists job seekers and supports workforce participation. Website: ams.at
• RIS (Rechtsinformationssystem des Bundes) - Official repository of Austrian federal law and legal regulation. Function: provides current statutory texts, amendments, and legal interpretations. Website: ris.bka.gv.at
• Arbeiterkammer (AK) - Austrian Chamber of Labour - Represents workers, offers free legal information and case assistance, and can help with wage claims and workplace issues. Function: advocacy, information, and practical support for employees. Website: arbeiterkammer.at

Next Steps

1. Define your issue and collect documents - Gather your employment contract, recent pay slips, overtime logs, and any correspondence with your employer. This provides a clear starting point for advice. Time estimate: 1-2 weeks.
2. Identify the correct legal route - Determine if the matter involves dismissal, wage claims, discrimination, or working conditions. Use RIS to locate the applicable statutes and consult the AK for practical interpretation. Time estimate: 1 week.
3. Find a qualified Arbeitsrecht attorney - Look for lawyers with demonstrable experience in Austrian labor law and, if possible, in your sector. Ask for references and confirm fee arrangements upfront. Time estimate: 1-3 weeks.
4. Schedule an initial consultation - Prepare a concise summary of your goals, expected outcomes, and a list of questions. Bring all documents your attorney requested. Time estimate: 1 day to 2 weeks after choosing a lawyer.
5. Discuss fees and likely costs - Clarify hourly rates, retainer requirements, and potential success fees or expense shares. Ensure you understand what is billable and what is not. Time estimate: 1 week after the initial meeting.
6. Decide on strategy and submit formal notices if needed - If the issue is urgent, your lawyer can draft notices, complaints, or settlement proposals. Time estimate: 1-4 weeks depending on urgency.
7. Engage, monitor progress, and adjust strategy - Maintain regular contact with your attorney, review documents, and adjust the approach based on negotiations or court timelines. Time estimate: ongoing; court matters vary widely from months to over a year.