Best Hiring & Firing Lawyers in Murau
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List of the best lawyers in Murau, Austria
About Hiring & Firing Law in Murau, Austria
Hiring and firing in Murau falls under Austrian national employment law, supplemented by regional practices and sector-specific collective agreements. Whether you are an employer in Murau or an employee working for a local company, the same basic framework applies: employment contracts set the working relationship, social insurance and tax rules apply, collective agreements can change core terms, and labour courts handle disputes. Local bodies - such as the Arbeiterkammer, the Wirtschaftskammer and municipal authorities - can provide guidance and administrative support. Because Österreichische employment law balances employer needs with strong protections for employees, it is important to understand both general rules and any sector-specific agreements that apply in Murau.
Why You May Need a Lawyer
Employment disputes can turn on technical legal points and strict deadlines. You may need a lawyer if you face any of the following situations:
- You receive a termination letter and want to know if it is lawful and whether you can challenge it.
- Your employer proposes a contract change - for example pay cuts, reallocation of duties, or transfer to another workplace.
- You suspect discrimination, harassment, wrongful dismissal or a breach of contract.
- You are an employer who needs to dismiss staff and wants to follow the correct procedures to avoid liability.
- You need advice on severance pay, redundancy procedures, works council involvement, or on the legal consequences of fixed-term contracts.
- You want representation in negotiations, mediation, or before the labour and social courts.
Local Laws Overview
Key points to know about hiring and firing in Murau - and across Austria - include:
- National framework - Employment relationships are governed primarily by Austrian national law, supplemented by collective agreements - called Kollektivverträge - which often set pay scales, notice periods and additional protections for specific sectors.
- Types of contracts - Employment may be indefinite or fixed-term. Fixed-term contracts must meet legal requirements to avoid being treated as open-ended in certain circumstances.
- Probation period - Many employment contracts include a probation period - Probezeit - lasting weeks to months. During probation, termination rules can be less strict, but formal requirements still apply.
- Notice and dismissal - Notice periods and lawful grounds for dismissal depend on contract terms, collective agreement provisions and statutory rules. Employers can also issue extraordinary dismissal for serious misconduct - usually without notice - but this requires a serious factual basis.
- Works council - Where a works council - Betriebsrat - exists, it has consultation and information rights and sometimes co-determination powers for dismissals and reorganisations. Employers must follow required consultation steps.
- Protection periods - Special protections apply for pregnant employees, employees on parental leave, those on long-term illness in certain circumstances, and other protected groups. These protections may limit or prevent dismissal during the protected period.
- Severance and termination payments - Entitlements can arise under older and newer severance regimes. Collective agreements and contractual clauses can also create payment obligations on termination.
- Equal treatment - The Equal Treatment Act and related laws prohibit discrimination on grounds such as gender, age, disability, religion and nationality in hiring and dismissal.
- Administrative obligations - Employers must register employees for social insurance and payroll taxes, and comply with workplace health and safety and working time rules.
Frequently Asked Questions
What notice period must my employer give me in Murau?
Notice periods depend on what is written in your contract, any applicable collective agreement, and your length of service. Many collective agreements set minimum notice periods. If no specific agreement applies, statutory or customary notice rules and the employment contract will determine the period. Because terms vary, check your contract and consult a lawyer or representative body to confirm the correct notice period.
Can I be dismissed without a reason?
In Austria, an employer can give ordinary notice without always stating a detailed reason, but dismissals must not violate specific protections - for example by targeting a protected group or breaching procedural rules. For serious misconduct an employer can pursue an extraordinary dismissal - without notice - but this requires clear, serious grounds. If you believe the dismissal was unfair or discriminatory, you should seek legal advice quickly.
Do I have to sign a settlement or termination agreement?
No - you do not have to sign a settlement or termination agreement. These are often offered to avoid litigation or to clarify post-employment terms. Before signing, review the agreement carefully - ideally with a lawyer or your union or Arbeiterkammer representative - because signing may waive certain rights, including the right to challenge the dismissal.
What is a works council and how does it affect dismissals?
A works council represents employees at workplace level. If a works council exists in your company, the employer usually must inform and consult with it before certain dismissals and reorganisations. Failure to involve the works council when required can make a dismissal procedurally flawed and give rise to legal remedies.
Am I entitled to severance pay when I am dismissed?
Severance entitlements depend on your contract, the date your employment began, and whether an older severance system applies or the newer contribution-based system applies. Collective agreements and employment contracts may create additional entitlements. A lawyer or representative body can clarify your specific entitlement.
What should I do immediately after receiving a dismissal letter?
Keep the original letter, make a copy, and gather relevant documents - employment contract, pay slips, performance appraisals, emails or messages relating to the dismissal, and any medical certificates if relevant. Note key dates and any witnesses. Contact a lawyer, your union, or the Arbeiterkammer promptly because time limits for challenging a dismissal may be short.
Can a fixed-term contract be ended early?
Fixed-term contracts generally run until the agreed end date. Early termination may be possible by mutual agreement, for serious cause, or if the contract includes an early-termination clause. If an employer ends a fixed-term contract without valid grounds, the employee may have claims for unpaid wages or other remedies.
What remedies are available if I believe my dismissal was unlawful?
Potential remedies include reinstatement in some cases, compensation for lost wages, severance or other contractual payments, and procedural remedies if consultation obligations were breached. The exact remedy depends on the nature of the breach, applicable law and case specifics. Labour and social courts handle such disputes.
How long do I have to bring a claim against my employer?
There are strict deadlines for employment claims. Time limits differ by the type of claim and the court or administrative route. For some disputes, you must act within weeks; for others, months. Because missing a deadline can prevent you from pursuing your rights, seek advice quickly after a dispute arises.
Where can I get free or low-cost advice in Murau?
Employees can often obtain advice from the Arbeiterkammer (Chamber of Labour) in Styria, and unions provide support to members. Employers can seek assistance from the local Wirtschaftskammer. The AMS and municipal offices can also provide practical guidance. These organisations can explain basic rights and may offer initial consultations before you decide whether to hire a lawyer.
Additional Resources
Helpful organisations and institutions for hiring and firing matters in Murau include:
- Arbeiterkammer Steiermark - for employee advice, contract reviews and representation in many cases.
- Wirtschaftskammer Steiermark - for employer information and guidance on obligations and best practice.
- Local trade unions - for sector-specific support and collective bargaining information.
- Austrian public employment service - AMS - for unemployment processes, placement and support after dismissal.
- Social insurance authorities - for questions on social security, health insurance and contributions.
- Labour and social courts - for dispute resolution when negotiations fail.
- Bezirkshauptmannschaft or municipal offices - for local administrative matters and workplace compliance queries.
- Federal Ministry responsible for labour affairs - for national legislation and policy information.
Next Steps
If you need legal assistance with hiring or firing in Murau, consider these practical steps:
- Gather and organise all relevant documents - employment contract, pay slips, notice letters, emails, performance reviews and any medical or absence certificates.
- Note important dates - date of the dismissal, date you received written notice, and any deadlines mentioned in documents.
- Contact a specialised employment lawyer or your representative body - for employees this often means the Arbeiterkammer or union - for employers the Wirtschaftskammer or an employment law attorney. Early advice can prevent mistakes and preserve legal options.
- Seek an initial consultation to understand your rights, possible remedies and timelines. Ask about costs, likely outcomes and alternative dispute resolution options such as mediation.
- Consider negotiation or mediation if both sides are willing - these options can be faster and less costly than court proceedings.
- If litigation is required, act quickly to meet procedural deadlines and follow your lawyer's guidance on evidence and court steps.
Employment disputes can be stressful, but timely, informed action and the right local advice can protect your rights and help you achieve the best possible outcome.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.