Key Takeaways
- The probation period in Austria (Probezeit) is a legally recognized evaluation phase that must be explicitly included in the employment contract or Dienstzettel.
- The maximum duration is strictly one month for standard employment, and any attempt to extend it for the same role is legally invalid. Employees on probation are entitled to full salary, statutory benefits, social security contributions, and pro-rata 13th and 14th salaries from day one.
- Either employer or employee may terminate the employment immediately, without notice and without providing a reason, although terminations cannot violate anti-discrimination laws.
- Structured onboarding, clear objectives, regular feedback, and documentation during probation reduce legal risk and improve long-term hiring outcomes.
Overview of the Probation Period in Austria
The probation period allows employers to evaluate a new hire’s skills, performance, and cultural fit, while employees assess job responsibilities, working conditions, and career potential. Unlike informal trial arrangements, probation is strictly regulated under Austrian labor law, and failure to comply can invalidate terminations.
Properly managed probation provides legal clarity and risk mitigation, especially for international companies unfamiliar with Austrian employment protections.
What Is a Probation Period and Why Do Employers Use It in Austria
A probation period is the initial stage of employment during which performance and suitability are assessed. Employers in Austria use probation to:
- Verify that the employee meets the technical and professional requirements of the role
- Assess reliability, communication, and teamwork
- Determine alignment with company culture and expectations
- Reduce long-term employment risk before full confirmation
Employees also benefit by using the probation period to understand the role, evaluate workload and management expectations, and decide if the position aligns with their career goals.
Probation Period Rules Under Austrian Labor Law
Probation periods are governed by the Austrian Labor Code and sector-specific Collective Bargaining Agreements (CBAs). Key legal points include:
- Probation must be explicitly stated in the contract or Dienstzettel
- The maximum duration is one month for standard employment
- If probation is not mentioned, the employment is considered fully confirmed from day one
- Both the employer and the employee may terminate employment immediately during probation
- Termination cannot be discriminatory or abusive
Typical Duration of the Probation Period in Austria
- Maximum standard duration: 1 month for most employment relationships
- Probation must be agreed in writing
- Extensions beyond the legal maximum are not permitted
- Restarting probation for the same role is prohibited
Under Section 19 of the Salaried Employees Act (Angestelltengesetz) and the General Civil Code, any contract clause attempting a longer probation is legally null and void.
Employment Contracts and Probation Clauses in Austria
The probation clause should clearly include:
- Start and end dates (maximum one month)
- Salary and benefits during probation
- Applicable notice provisions if a CBA specifies them (rare)
Probation clauses do not alter the indefinite nature of most Austrian contracts but adjust termination rights during the probation period. Employers must ensure that clauses comply fully with Austrian labor law to avoid disputes.
Employer and Employee Rights During Probation in Austria
During probation, employers can monitor performance, assess conduct, and terminate if expectations are not met. Employees are entitled to full salary, statutory benefits, social security, and workplace protections. Both parties must respect anti-discrimination laws and maintain proper documentation for any termination.
Termination Rules During the Probation Period in Austria
- Termination is immediate, with no statutory notice period required
- No severance is due
- Termination must not violate anti-discrimination laws
- Employers should document legitimate performance or conduct issues to mitigate legal risk
Salary, Benefits, and Social Security During Probation
Employees on probation in Austria are entitled to the same salary and statutory benefits as confirmed employees:
- Full salary payment
- Mandatory social security and health insurance contributions
- Paid leave accrual
- Pro-rata 13th and 14th salaries
- Workplace safety protections
Employers must register probationary employees with the Austrian Health Insurance Fund (ÖGK) from the first day of work.
Paid Leave and Absences During Probation
Probationary employees accrue paid leave and are entitled to sick leave, maternity/paternity protections, and public holidays. If absences occur during probation, employers should evaluate whether the objectives of probation can still be fairly assessed.
Best Practices for Managing Probation Periods in Austria
Structured probation management includes:
- Setting clear expectations from day one
- Documenting objectives and evaluation criteria
- Providing regular feedback and check-ins
- Issuing written confirmation or termination decisions
These practices reduce disputes and ensure fair evaluation.
Common Probation Period Mistakes and Compliance Risks
Employers may face legal exposure if they:
- Omit probation clauses from contracts
- Exceed the legal one-month duration
- Treat probationary employees as informal or temporary workers
- Terminate without documentation or in violation of anti-discrimination laws
Transition From Probation to Confirmed Employment
If the probation period ends without termination, the employee is automatically considered confirmed. Standard termination rules, notice periods, and severance obligations apply thereafter. Written confirmation is optional but recommended for clarity.
How International Employers Can Stay Compliant in Austria
International employers hiring in Austria should ensure probation policies comply with local labor law, ideally consulting local HR or legal advisors. Understanding probation rules is particularly important when managing remote or distributed teams to ensure compliance and reduce risk.
Final Considerations on Probation Periods in Austria
The probation period in Austria is a regulated, flexible tool that allows employers to assess new hires while protecting employee rights. Correctly structured probation supports fair evaluation, reduces hiring risks, and builds compliant, high-performing teams in the Austrian labor market.
Employers who understand the legal framework and apply structured evaluation processes can reduce risk while building strong, compliant teams in the Austrian market.
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Frequently Asked Questions About Probation Period in Austria
- What is the maximum probation period in Austria?
The maximum probation period in Austria is one month for standard employment contracts. This is strictly enforced under Austrian labor law, and any clause exceeding one month is legally null and void, except in specific Collective Bargaining Agreements (CBAs) or apprenticeship agreements. - Is a probation period mandatory when hiring employees in Austria?
No. A probation period is not mandatory. If an employer wishes to apply one, it must be explicitly stated in the written employment contract or Dienstzettel. Without a probation clause, the employee is considered fully confirmed from the first day of employment. - Can an employer terminate an employee during probation in Austria?
Yes. During probation, either the employer or employee may terminate employment immediately, without notice and without providing a reason. Terminations must comply with anti-discrimination laws, and documentation of performance or conduct issues is recommended to reduce legal risk. - Are employees paid less during probation in Austria?
No. Employees on probation are entitled to full salary, statutory benefits, social security contributions, and pro-rata 13th and 14th salaries from day one, unless the contract or CBA provides otherwise. - Does probation affect employee benefits and paid leave?
No. Probationary employees accrue paid leave at 2.08 days per month, and are covered by sick leave, maternity/paternity protections, and public holidays under Austrian law. If the employee leaves during probation without using accrued leave, payment must be made as a holiday replacement allowance (Urlaubsersatzleistung). Benefits and workplace protectionsthose of remain identical to confirmed employees.
