Beste Einstellung & Entlassung Anwälte in Murau

1. About Einstellung & Entlassung Law in Murau, Österreich

Einstellung means hiring and starting an employment relationship, while Entlassung means the termination of that relationship. In Murau, as in the rest of Österreich, the hiring and dismissal process follows national employment law and applicable contracts or collective agreements. Local economic sectors such as tourism, forestry, and agriculture influence how terminations are handled in practice.

Key protections apply whether you work in a hotel in Murau or a small family business in the surrounding countryside. Employers must observe formal requirements, notice periods, and any protections for special groups, such as pregnant workers or employees covered by a collective agreement. This guide explains practical considerations and how to get legal help if needed.

Note: This information is educational and not a substitute for individualized legal advice. For specific cases, consult a qualified attorney or legal counselor familiar with Styrian and Austrian employment law. See official sources for current texts and amendments: RIS and Hilfe.gv.at.

Source guidance: The official Austrian legal information system RIS provides current texts for ABGB, ArbVG, GlBG and KVG. See https://www.ris.bka.gv.at/ for legal texts. For general guidance on employment topics see https://hilfe.gv.at/.

2. Why You May Need a Lawyer

• You received a termination letter in Murau and suspect it violates the applicable collective agreement or notice requirements. A lawyer can review contract terms, the notice period, and whether the dismissal was procedurally correct under Austrian law.

• You are considering an Aufhebungsvertrag (mutual termination) and want to negotiate severance, reference letters, or transition support. A lawyer can help draft the agreement to protect your rights and avoid later disputes.

• You are pregnant, on maternity leave, or protected by special status and fear a dismissal. A lawyer can assess whether the termination breaches protections under Austrian law and plan a response.

• You believe your dismissal was discriminatory based on age, gender, ethnicity, religion, or other protected status. A lawyer can evaluate a GlBG claim and advise on steps to challenge the termination.

• You want to challenge a short probationary period or a termination that seems incompatible with a sector-specific collective agreement. A lawyer can verify applicable rules and pursue relief or compensation if appropriate.

3. Local Laws Overview

The following statutes are central to Einstellung and Entlassung in Österreich and apply in Murau. They shape contract formation, termination, and remedies, often supplemented by sector-specific collective agreements.

Allgemeines Bürgerliches Gesetzbuch (ABGB) - The General Civil Code governs contracts, including employment contracts, and governs termination and settlements under general contract principles. Enacted in 1811, it remains the baseline for employment relationships and remedies.

Arbeitsverfassungsgesetz (ArbVG) - This law regulates employer-employee governance structures, including works councils and employee representation, which can influence how terminations are discussed and processed within a company. It has undergone multiple amendments since its introduction in 1975.

Gleichbehandlungsgesetz (GlBG) - The Equal Treatment Act prohibits discrimination in employment and termination on grounds such as race, gender, age, religion, disability, or sexual orientation. It has been in force since 1993 and is amended periodically to align with EU principles.

Kollektivvertragsgesetz (KVG) - This act governs collective agreements across sectors and industries. In Murau, sector-specific rules can affect notice periods, severance expectations, and dismissal procedures negotiated by unions or employer associations. It dates back to 1956 and remains a core framework for wage, hours, and termination terms.

In practice, most terminations reference ABGB for basic contract law, ABGV for works council involvement when applicable, GlBG for anti-discrimination protections, and the relevant KVG provisions from the applicable sectoral agreement. For precise text and updates, consult RIS and official guidance portals.

Additional resources for legal texts: RIS - https://www.ris.bka.gv.at/ and Hilfe.gv.at - https://hilfe.gv.at/.

4. Frequently Asked Questions

What is the difference between Einstellung and Entlassung in Austria?

Einstellung refers to starting a new job or hiring, while Entlassung is the termination of that job. The two relate to contract formation and dissolution and are governed by ABGB, ArbVG, GlBG, and relevant KVG provisions. Understanding both helps you navigate contracts and potential disputes in Murau.

How do I file a complaint after an unfair termination in Murau?

Begin by contacting your employer for clarification and, if needed, submitting a formal complaint to the regional Arbeits- und Sozialgericht. Deadlines typically apply, so act promptly and gather your documents. A lawyer can help you prepare evidence and arguments.

When can an employer terminate an employee in Austria legally?

Terminations can be lawful for operational, personal, or conduct reasons if compliant with notice requirements and non-discriminatory. The applicable collective agreement and ABGB rules influence timing and procedures. Seek legal advice if you are unsure about the reasons given.

Where do I file a claim for unlawful dismissal in Murau?

File with the appropriate Arbeits- und Sozialgericht that covers your region. Some cases may proceed through mediation first, depending on the circumstances and the tribunal's procedures. A lawyer can determine the right path and deadlines.

Why should I consult a lawyer before signing an Aufhebungsvertrag in Murau?

A lawyer helps ensure the agreement includes fair severance, transition support, and avoids unintended waivers of rights. They can also negotiate terms to maximize your outcomes in a mutual termination. Do not sign before a legal review.

Can a termination be appealed or overturned by a court?

Yes, if the termination breaches law or an applicable collective agreement or discriminates against protected status. The court process begins after a timely filing with the proper tribunal. Legal counsel improves your chances of success.

Should I request a severance payment and on what terms?

Severance is not automatic but can be negotiated, especially in mutual terminations or in cases of improper dismissal. A lawyer can advise on what constitutes fair severance under your sector’s standards and your length of service.

Do I need to prove discrimination to challenge a termination?

Proving discrimination can strengthen your case, but you may also challenge termination on non-discriminatory grounds if procedural or contractual faults exist. A lawyer can help gather evidence and frame the argument.

Is a probationary period termination subject to the same rules?

Probationary terminations are typically more flexible, but they must still comply with contract terms and non-discrimination rules. A lawyer can assess whether the termination complied with the probation clause and legal standards.

How long does a typical Arbeits- und Sozialgericht case take in Austria?

Timelines vary by complexity and court workload. Preliminary hearings may occur within weeks, while full decisions can take several months. A lawyer provides a realistic timeline based on your specific case in Murau.

How much will a Murau employment lawyer cost for a termination case?

Costs depend on the case complexity and the lawyer's rates. Some lawyers offer initial consultations at a fixed fee, with subsequent work billed by time or on a success basis. Discuss fees in advance.

What is the timeline from termination to hearing in Austria?

Typically, a case proceeds from filing to a hearing within a few weeks to several months, depending on court availability and the specifics of the dispute. Your attorney can provide a personalized timeline for your situation.

5. Additional Resources

• RIS - Rechtsinformationssystem des Bundeskanzleramts - Official texts for ABGB, ArbVG, GlBG and KVG.
• Hilfe.gv.at - Austrian government guidance portal with information on employment, rights, and procedures.
• AMS - Austrian Public Employment Service - Provides information on unemployment, job rights, and support during transitions.

6. Next Steps

1. Assess your situation and determine your objective, such as contesting a dismissal or negotiating severance.
2. Gather key documents: employment contract, termination letter, pay slips, and any relevant correspondence.
3. Search for a Murau-based employment lawyer who focuses on Einstellung & Entlassung and has local court experience.
4. Contact potential lawyers for brief consultations to discuss your case and fee arrangements.
5. Provide your attorney with all documents and a clear timeline of events from the termination date onward.
6. Decide on a strategy with your lawyer, including negotiation, mediation, or court action, and set realistic milestones.
7. If a court action is pursued, rely on your lawyer to file within the statutory deadlines and prepare evidence for hearings.