Working in Vienna

What is employment?

If you work for someone, you are employed. You are an employee and you are working for an employer. Make sure that you get an employment contract ("Arbeitsvertrag") or the details of your rights and duties as an employee in writing ("Dienstzettel") before you start working. 

This document lists the main rights and obligations of both the employer and the employee.

What is an employment contract/Arbeitsvertrag?

An employment contract is concluded in writing. As employee, you should read the employment contract carefully. If there are any points you do not agree with, discuss or change them together with your employee before you start working.

Collective bargaining agreement/Kollektivvertrag

The collective bargaining agreement ("Kollektivvertrag" - KV) is a written agreement concluded between trade unions and employers' associations. It regulates the rights and obligations of workers in a specific sector.

5 important points that are regulated by the collective bargaining agreement:

1. normal weekly and daily working hours
2. notice periods for ending the employment
3. overtime and compensation for it, as well as extra pay for weekend or holiday work
4. classification in the salary scale, minimum wages, advancement
5. holiday and Christmas pay

Start of employment and job description

At the beginning of every employment contract is the date at which the employment begins.  As an employee, you will be registered with a social insurance institution (e.g. Austrian Health Insurance Fund - Österreichische Gesundheitskasse(ÖGK)) from the first day of employment. The employer will give you a copy of the registration with the social insurance institution on your first day of work.

The employment contract describes your work duties. It also says which collective bargaining agreement and which laws apply to this employment contract.

Place of work and working hours

The place of work is the place where you perform your work.

The employment contract states the agreed normal working hours: when and how many hours you work per week.  An employment contract may also contain rules for overtime.

The normal working time in Austria is 40 hours per week. In some sectors or companies, the normal working hours are different (e.g. 38.5 or 39 hours). Daily working hours may not be more than 12 hours per day and 60 hours per week.

Part-time work means that you work less than the normal working hours per week.

In Austria, there are legally mandated breaks. If you work for more than 6 hours, you must take a half-hour break. 

What is overtime ("Überstunden")?

If you work longer than the normal daily working hours (e.g. 8 hours per day according to your employment contract) or the normal weekly working hours (e.g. 40 hours per week), you are working overtime. Overtime must be ordered and approved by the employer. Overtime compensation can either be money or compensatory time off, as agreed with your employer.  

Remuneration ("Entgelt")

For your work, you receive a salary (for salaried employees) or a wage (for workers).  In addition, the collective bargaining agreement may state that you must receive certain bonuses or supplements. That total income is called "remuneration". Your employment contract or the minimum wage of the applicable collective bargaining agreement states how much wage or salary you receive and the payment date. 

If you earn more than the marginal earnings threshold ("Geringfügigkeitsgrenze"), you are automatically fully insured through your work.  That means you have health insurance, accident insurance, unemployment insurance and pension insurance. If you earn less than the marginal earnings threshold, you only have accident insurance.

At the end of each month, your employer must give you a pay slip. From the pay slip you can see how much your gross pay is, how much has been deducted in statutory deductions (social security and income tax), how much money is paid to your account (net pay).

Holidays ("Urlaub")

As an employee, you are entitled to 5 weeks of paid leave every year. You must agree on when you will be away from work on leave with your employer.

Sick leave ("Krankenstand")

If you fall ill or have an accident, you must inform your employer immediately and should send a sickness certificate to the company. You will continue to be paid your full wage or salary for a certain period of sick leave. 

Care leave ("Pflegefreistellung")

If a close relative living in your household is ill and in need of care, you can take a week of care leave per working year. For the necessary care for sick children under 12 years of age, there is an additional week of care leave per year, adding up to a total of 2 weeks per working year. 

Employment can end e.g. through termination or dismissal. 

Termination ("Kündigung")

Both the employee and the employer can terminate the employment contract. A termination is a unilateral declaration to the other contract party that the employment relationship is being terminated. A regular termination includes a specific notice period and termination date and does not require the agreement of the other party. A notice of termination can be given at any time and also without reason - in writing, verbally, by SMS, by e-mail, by WhatsApp, other messaging services, or fax. Notice of termination can also be given during a holiday or sick leave. 

Dismissal ("Entlassung")

Dismissal or resignation are extraordinary ends to an employment. There must be a reason stated in the law. In this case, the employment relationship ends immediately.

If your employment ends, contact the Public Employment Service - Arbeitsmarktservice (AMS). There you register as a jobseeker and apply for unemployment benefit. After you have filed your application, the Public Employment Service will check whether you will receive unemployment benefit. The Public Employment Service also supports you in finding a job and can arrange further education courses if needed.

If you claim benefits from the Public Employment Service, you must be unemployed, fit for work, and available and willing to work. That means you have to be healthy (not on sick leave), be in Austria, and be willing to take up a new job at any time.  

If you receive unemployment benefits, you automatically have health insurance, accident insurance and pension insurance.

Employees can contact the Vienna Chamber of Labour - Arbeiterkammer Wien(AK)  for free information and advice. If you are a member of a trade union, you can also get advice from the trade union. Entrepreneurs are members of the Vienna Chamber of Commerce -Wirtschaftskammer Wien  and can contact the Chamber of Commerce with their questions.