Labor Laws
Austria
Trial Period in Austria

Trial Period in Austria

What is the length of a trial period in Austria?
The trial period in Austria typically lasts one month, during which either party can terminate the employment relationship without notice or cause.

Can an employer terminate employment during the trial period in Austria?
Yes, during the trial period, an employer can terminate the employment without notice or giving a reason, providing flexibility in the hiring process.

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Does the trial period in Austria apply to all employees?
No, the trial period is typically applied to new employees. It is common in employment contracts, especially for positions with probation terms outlined by collective agreements.

Is a written contract required during the trial period in Austria?
While a written contract is not mandatory in Austria, it is recommended for clarity during the trial period. A “notice of employment” may be provided if there is no formal written contract.

Can employees terminate their contract during the trial period in Austria?
Yes, employees can also terminate their contract during the trial period in Austria without notice, as long as they follow the legal guidelines.

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What happens if an employee fails the trial period in Austria?
If an employee fails the trial period in Austria, the employer can terminate the contract without notice, and no severance pay is required unless stated otherwise in the agreement.

Can a trial period be extended in Austria?
A trial period in Austria is typically one month. Extensions are rare and may be subject to specific conditions agreed upon by the employer and employee.

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Are there any legal protections for employees during the trial period in Austria?
During the trial period, employees in Austria have fewer legal protections. The employer can terminate the relationship freely, without the need to provide a reason.

How does termination during the trial period affect severance pay in Austria?
Termination during the trial period in Austria generally does not entitle the employee to severance pay unless the termination was due to wrongful actions by the employer.

Can collective agreements impact the trial period in Austria?
Yes, collective agreements in Austria may define the specifics of trial periods, such as their length or conditions for termination, in certain sectors.

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Is probation common in Austria’s labor market?
Yes, probation periods are common in Austria and are a standard part of employment contracts, especially for new hires in many industries.

What does the employer need to prove to terminate an employee during the trial period in Austria?
In Austria, no specific justification is required to terminate an employee during the trial period. The termination can occur without reason.

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Can employees negotiate the trial period in Austria?
Yes, employees can negotiate the length or terms of the trial period during the hiring process, but the final terms must comply with Austrian labor law.

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