Best Hiring & Firing Lawyers in Mondsee

About Hiring & Firing Law in Mondsee, Austria

Employment law in Mondsee follows Austrian federal law, so basic rules and protections are the same as elsewhere in Austria. Local practice can be affected by sectoral collective agreements - Kollektivverträge - and by regional institutions such as the Arbeiterkammer and the relevant Wirtschaftskammer. Key themes are the form and terms of employment contracts, rules on probation and fixed-term work, statutory and contractual notice periods, special protections for certain groups, and procedures for challenging dismissals. If you work for a larger employer, a works council - Betriebsrat - may also play a role in hiring and dismissal processes.

Why You May Need a Lawyer

You may need specialized legal help in hiring and firing situations that are complex, disputed, or carry financial or reputational risk. Typical situations include suspected unfair or wrongful dismissal, disputes about notice or severance, allegations of discrimination or harassment, contested disciplinary measures, cross-border employment issues, challenges connected to collective redundancies, negotiating exit agreements, and defending an employer against claims from former staff. A lawyer experienced in Austrian employment law can explain rights and obligations, estimate likely outcomes, negotiate settlements, and represent you before the labour and social courts.

Local Laws Overview

Employment law in Austria is primarily federal, but many details are set by collective agreements and individual contracts. Written contracts are recommended even though some employment relationships can start verbally. Probationary periods are commonly agreed and allow shorter notice during that time. Fixed-term contracts end automatically at expiry unless early termination is permitted by contract or law. Termination notices generally must be in writing. Special protections apply to pregnant employees, employees on parental leave, members of the works council, and certain disabled employees. There are also rules for immediate termination for serious cause - fristlose Kündigung - where further employment cannot reasonably be expected.

Severance entitlements in Austria can follow either the older system of direct employer payments or the newer system based on contributions to staff provision funds - commonly referred to as Abfertigung alt and Abfertigung neu. Which system applies depends mainly on the start date of employment and contract terms. Collective agreements frequently set minimum wages, overtime rules, allowances and notice requirements for specific sectors, so it is important to check whether a Kollektivvertrag applies.

Workplace representation and dispute resolution are supported by institutions such as the works council - Betriebsrat - and regional organisations. Employment disputes are handled by Austrian labour and social courts. Enforcement of workplace standards, health and safety and working time rules is carried out by the labour inspectorate - Arbeitsinspektion.

Frequently Asked Questions

Can my employer fire me without giving a reason?

An employer can generally terminate an employment relationship, but they must meet statutory or contractual notice requirements and must not breach special protection rules. Dismissals based on unlawful reasons - for example discrimination because of pregnancy, religion, age or union activity - can be challenged. In many cases the reason given may be reviewed in court, especially where protected status or formal dismissal procedures were ignored.

What notice period applies when I am dismissed?

Notice periods depend on what your contract or applicable collective agreement states and on how long you have been employed. Notice requirements can differ between employer-initiated and employee-initiated terminations and can be altered by collective agreements. During an agreed probationary period shorter notice may apply. Always check your written contract and any relevant Kollektivvertrag for precise terms.

Am I entitled to severance pay when I am dismissed?

Severance entitlements depend on the employment start date, the length of service and the applicable legal regime or collective agreement. Some employees fall under the older direct severance system - Abfertigung alt - while others are covered by the newer system where employers pay into staff provision funds - Abfertigung neu. Collective agreements may also provide for additional termination payments. Confirm which system applies to your employment and review your contract and payslips for contribution records.

Can I be dismissed while I am on sick leave or while I am pregnant?

Special protections apply. Dismissal during pregnancy and maternity protection periods is tightly restricted, and dismissals during these times are often void unless exceptional requirements are met. Employees on sick leave also enjoy protections, and dismissal during short-term illness may be subject to strict rules. If you suspect a dismissal was linked to sickness or pregnancy, seek advice promptly.

What should I do if I receive a termination letter that I think is unfair?

Keep the termination letter and all related documents, make a clear copy, and preserve any relevant emails or messages. Note the date and any witnesses. Check your contract, payslips and the applicable collective agreement. Contact your trade union or the Arbeiterkammer for initial advice, and consider consulting an employment lawyer quickly because there are time limits for filing claims in the labour courts. Do not sign any settlement without legal advice.

How do fixed-term contracts work and can they be ended early?

Fixed-term contracts generally end automatically at the agreed date. Early termination is only possible if the contract includes an early-termination clause, if both parties agree, or in exceptional circumstances such as serious breach. Repeated renewals of fixed-term contracts may be scrutinised and can in some cases be reclassified as open-ended employment under applicable rules or collective agreements.

What is wrongful dismissal and what remedies are available?

Wrongful or unlawful dismissal covers cases where the employer breached statutory protections, contractual terms, or failed to follow required procedures. Remedies can include reinstatement, compensation for lost earnings, payment of outstanding wages or severance, and, in some cases, additional damages. The precise remedy depends on the facts, the statutory provisions, and court discretion. Time limits for bringing a claim mean you should act without delay.

Does a works council - Betriebsrat - have to be informed about dismissals?

Yes - where a works council exists, the employer usually has information and consultation obligations. For certain dismissals, especially collective redundancies or staff reductions, formal consultation and information procedures with the works council are required. The works council can assist employees and can raise objections if procedures are not followed.

How do collective agreements - Kollektivverträge - affect my employment?

Collective agreements set mandatory minimum terms for many sectors, including minimum pay rates, overtime rules, allowances, and sometimes notice periods. If a collective agreement applies to your workplace, its terms are binding and usually form part of your employment conditions. Always verify whether a Kollektivvertrag covers your job and which one it is.

When should I contact a lawyer and what documents should I bring?

Contact a lawyer if you face dismissal, receive a formal warning, are offered a settlement, suspect discriminatory treatment, or if the employer refuses to pay wages or severance that you believe you are owed. Helpful documents to bring include your employment contract, any written notices or termination letters, recent payslips, time sheets or attendance records, relevant emails or messages, personnel file entries if available, collective agreement details if known, and the names of witnesses. Early legal input can protect your rights and preserve evidence.

Additional Resources

Helpful bodies and organisations to consult include the regional Arbeiterkammer - Chamber of Labour - for employee advice, the Wirtschaftskammer - Austrian Federal Economic Chamber - for employer guidance, and trade unions relevant to your sector. The Arbeitsinspektion - labour inspectorate - enforces workplace safety and working time rules. For court matters the Labour and Social Courts handle employment disputes. For questions on severance funds look for information from the Mitarbeitervorsorgekassen that administer Abfertigung neu contributions. If you need a practicing lawyer, the local bar association - Rechtsanwaltskammer - can provide lists of specialists in employment law. Local offices for these organisations in the state of Upper Austria - Oberoesterreich - can offer regionally tailored advice for Mondsee.

Next Steps

1. Gather documents - collect your contract, payslips, termination letter, correspondence and any records of meetings. Keep originals and make copies.

2. Check the basics - identify whether a collective agreement applies, whether you are under a probation period, and which severance system applies to you.

3. Seek immediate, low-cost advice - contact the Arbeiterkammer or your trade union for an initial consultation and guidance on deadlines.

4. Consider legal representation - if a dispute is likely, find a lawyer specialising in Austrian employment law. Ask about fees, likely outcomes and possible alternatives such as mediation.

5. Act promptly - many employment claims have strict time limits. Preserve evidence, avoid signing agreements without advice, and follow your lawyer's instructions for formal claims before the labour courts when necessary.

6. Use local supports - if you live in or near Mondsee, check with the regional offices of the Arbeiterkammer and the Arbeitsinspektion in Upper Austria for face-to-face assistance and up-to-date information about regional procedures.