Beste Einstellung & Entlassung Anwälte in Österreich

1. About Einstellung & Entlassung Law in Austria

In Austria, Einstellung (hiring) and Entlassung (dismissal) are governed by general civil contract rules and specific employment protections. The Allgemeines Bürgerliches Gesetzbuch (ABGB) forms the foundation for employment relationships and contract terms. Employers must respect notice periods, probation rules, and statutory protections when terminating an employee.

Many employment terms are shaped by collective agreements and sector details, which can set longer notice periods, severance expectations, and additional protections. Disputes over hiring or termination are typically resolved first by negotiation, then by the Austrian Labour and Social Court system if needed. An attorney with Austrian employment law experience can help interpret your contract, the applicable collective agreement, and relevant statutes.

Key practical reality: even if you sign a simple contract, a lot of protection comes from anti-discrimination laws, pregnancy protections, and social security rules. Always check whether your case involves protected grounds such as gender, age, religion, disability, or pregnancy. For official guidance, consult government resources on employment law such as help.gv.at and RIS.

Official resources for general and procedural information: help.gv.at and the Rechtsinformationssystem des Bundes (RIS) for the exact text of statutes: RIS - Rechtsinformationssystem des Bundes.

2. Why You May Need a Lawyer

• Dismissal during pregnancy or maternity protection - An employee who is pregnant or recently given birth may be shielded by Mutterschutzgesetz (MSchG). If a termination occurs during protected periods, a lawyer can assess validity and potential remedies.
• Unfair or discriminatory dismissal - If you believe equal treatment was violated due to gender, age, ethnicity, religion, disability, or religious beliefs, a lawyer can help file claims under anti-discrimination provisions and evaluate compensation options.
• Termination without proper notice or without a valid reason - If the employer did not follow statutory notice periods or failed to provide a demonstrably valid cause, a lawyer can challenge the termination and seek reinstatement or compensation.
• Mass layoff or restructuring - For large-scale terminations, social plans and consultation obligations with works councils may apply. A lawyer can ensure the process meets legal thresholds and protect your rights.
• Severance and severance paying obligations - Depending on tenure and sector, you may have entitlements to Abfertigung or similar severance under collective agreements. A lawyer can calculate potential severance and negotiate on your behalf.
• Disputes over probation periods and termination notices - If your contract allows a probationary period, a lawyer can determine whether the period and notice have been properly used and documented.

3. Local Laws Overview

• Allgemeines Bürgerliches Gesetzbuch (ABGB) - The general civil code that governs contracts, obligations, and the basic roots of employment relationships in Austria.
• Gleichbehandlungsgesetz (GlBG) - Prohibits discrimination on protected grounds in employment and hiring decisions, providing a basis for anti-discrimination claims in relation to Einstellung and Entlassung.
• Mutterschutzgesetz (MSchG) - Sets protections for pregnant employees, including restrictions on termination during pregnancy and shortly after birth.
• Arbeits- und Sozialgerichtsgesetz (ASGG) - Governs proceedings before the Labour and Social Courts for employment disputes, including hiring and dismissal cases.

Notes on application and changes: many practical protections come from sector-specific collective agreements, which may modify notice periods, severance expectations, and procedures. For current texts and amendments, consult RIS and government portals listed below. Recent updates typically clarify procedural timelines and the scope of anti-discrimination protections.

Official resources for statutes and procedures: help.gv.at and RIS - Rechtsinformationssystem des Bundes.

4. Frequently Asked Questions

What is the basic difference between Einstellung and Entlassung?

Einstellung refers to hiring and creating an employment relationship, while Entlassung ends it. Both are regulated by contract law, wage rules, and statutory protections in Austria.

How do I challenge an unfair dismissal in Austria?

Consult an employment lawyer promptly. Gather your contract, notices, pay slips, and any correspondence. A lawyer can file a claim with the Labour and Social Court within the applicable deadline and advise on remedies.

When can an employer terminate with notice in Austria?

Termination generally requires a statutory or contractually agreed notice period. The exact period can depend on length of service and the applicable collective agreement. Shorter periods may be possible during probation.

Where do I file a complaint about unfair dismissal?

Complaints are typically filed with the Austrian Labour and Social Court (Arbeits- und Sozialgericht). Your attorney will advise on the correct venue and filing deadlines.

Why is pregnancy protection relevant to termination in Austria?

Pregnant employees are shielded by Mutterschutzgesetz, which restricts or prohibits termination during pregnancy and shortly after birth. Violations can lead to nullification of the dismissal and compensation claims.

Can I be fired during the probation period?

Yes, but there are limits. Probation terms must be reasonable and documented, and the notice must comply with the contract or applicable collective agreement. A lawyer can assess whether the termination stands on lawful ground.

Do I need a lawyer to handle a dismissal case?

While you can pursue some claims on your own, a lawyer helps interpret complex rules, navigate procedural deadlines, and negotiate or litigate effectively in court.

How much severance am I entitled to and when?

Severance depends on tenure, contract terms, and collective agreements. An attorney can calculate potential Abfertigung or other severance entitlements and negotiate with the employer.

What is the role of the works council in terminations?

A works council can be involved in collective redundancies and certain termination procedures. An attorney helps determine whether and when council consultation was required and appropriately conducted.

How long does a dismissal case take in Austria?

Cases vary by complexity and caseload. Typical employment disputes may take several months to over a year from filing to judgment, depending on court backlog and settlement opportunities.

Is discrimination a valid basis for a legal action in firing?

Yes. If termination is based on protected grounds such as gender, age, disability, religion, or ethnicity, you may have a discrimination claim under GlBG and related statutes.

What is the difference between a termination for cause and without cause?

Termination for cause involves a concrete fault by the employee. Termination without cause ends the relationship with notice and possible severance or remedies depending on contract and law.

5. Additional Resources

• - Official Austrian government portal with consumer and employment law information, templates, and guidance for employees and employers.
• - Official repository for Austrian statutes, including ABGB, GlBG, MSchG and ASGG text and amendments.
• - Public Employment Service offering information about rights, unemployment benefits, and workplace rights in Austria.