Austria

Fixed-term Contract: A fixed-term contract specifies both a start and end date for employment. It is often used for independent contractors or part-time workers.

Indefinite Contract: An indefinite contract only includes a start date and continues without a predetermined end. This type of contract is typically provided to full-time employees.

Working Hours: Local law stipulates that the maximum working time is eight hours per day and 40 hours per week.

Overtime: Any work beyond the standard weekly or daily hours is classified as overtime. Employees may work up to 20 hours of overtime per week due to increased workload, allowing for up to 12 hours per day and 60 hours per week. However, there are numerous exceptions to these overtime limits. Employees are entitled to a minimum of five weeks of paid annual leave each year.

Sick Leave: Employees are entitled to continued remuneration during sickness, with payment duration varying based on seniority and specific regulations. Employees must notify their employer as soon as they are unable to work.

Maternity Leave: Maternity leave typically begins eight weeks before the expected delivery date and continues for eight weeks after birth. During this period, the employment relationship remains intact, and the employee receives a maternity allowance equivalent to their average remuneration from the last 13 weeks prior to the start of the leave.

Parental Leave: Both mothers and fathers are entitled to parental leave until their child is 24 months old, provided they live in the same household as the child. The minimum duration of parental leave is two months. Protection against dismissal or termination ends four weeks after the conclusion of parental leave.

– Private Health Insurance: Coverage provided for medical expenses through a private health insurance plan.
– Home Office Stipends: Financial support for home office expenses, including internet costs.
– Gym and Meal Allowance: Benefits covering gym memberships and meal expenses.
– Flexible Working Hours: Adjustable work schedules allowing employees to manage their work hours more freely.

Residence Permit

To stay in Austria for more than 90 days, you must obtain a residence permit. Austrian immigration laws are stringent, and permits are issued for specific purposes, with no extensions granted once the purpose is fulfilled. A temporary residence permit allows for a time-limited stay in Austria for designated reasons.

Federal regulations outline key requirements for obtaining such a permit: sufficient financial means, valid health insurance covering Austria, and suitable accommodation meeting local living standards.

Austria offers various residence options beyond the standard EU Blue Card. For non-EU, non-EEA, and non-Swiss nationals, the Austrian Red-White-Red Card provides an opportunity for an extended stay. This card, typically valid for 24 months, is a Federal-level permit for skilled workers from third countries. Requirements include sufficient financial means, valid health insurance, adequate accommodation, and a clean criminal record.

Alternatively, third-country nationals may apply for a Blue Card, which has specific eligibility criteria.

Please note that immigration applications are reviewed on an individual basis.

Termination of Employment

Employer’s Initiative: To terminate employment, employers must provide valid reasons and adhere to mandatory notice periods. Payment in lieu of notice is not an option. Typically, workers must receive at least six weeks’ notice. Immediate dismissal is permitted only for justifiable causes, such as theft or falsified time records, which make continued employment untenable.

Mutual Agreement: When an employment relationship ends by mutual agreement, no notice period is required. Termination can be communicated either verbally or in writing, although written notice is advisable for clarity and documentation.

Employee’s Initiative: According to Austrian employment law, employees wishing to resign must provide notice based on their length of service. For less than two years of service, a six-week notice period is required. Employees with over two years of service must give two months’ notice, while those with more than five years must provide three months’ notice.

Severance Pay Regulations

Employment relationships that began before 2003 fall under the Old Severance Payment Scheme. Employees under this scheme are eligible for severance pay upon termination of their employment, provided they did not resign voluntarily. Severance pay is calculated based on a multiple of the monthly salary and varies according to the years of service, with a maximum of 12 monthly salaries payable after 25 years of service.

For employees who started their employment in 2003 or later, severance pay is not provided directly. Instead, employers contribute 1.53% of the employee’s monthly gross salary to a designated fund. Any claims for payment must be addressed through this fund.