Can I be dismissed during probation in Austria?
Yes — during probation either side can end it at any time. For salaried and manual employees probation may last at most 1 month (the probation month); a three-month probation is not permitted for them. During the probation month, employer and employee can dissolve the contract at any time, without a reason and without notice. For apprentices a statutory probation of 3 months applies. Probation must be expressly agreed; if nothing is agreed, there is no probation and normal termination rules apply. During probation it is a genuine employment relationship, just freely dissolvable. In short: yes — endable at once, but only for at most one month.
📋 The rules
- Probation month: at most 1 month
- Either side: anytime, no reason, no notice
- Apprentices: 3 months probation
- Probation must be expressly agreed
- Genuine employment with pro-rata claims
🔓 Exceptions
- A dissolution on a discriminatory motive can be challenged
- Probation can't be extended or restarted
- Without an agreement there is no probation
⚠️ Penalties & fines
There's no fine, but a discriminatory probation dismissal (e.g. for sex, origin or disability) can lead under the Equal Treatment Act to damages or a claim to continue the job. Beware a myth: "the employer can set a 3- or 6-month probation like in some other countries" is false — for ordinary employees Austrian law caps it at one month; anything longer is invalid as probation. Tip: even in the probation month you build up pro-rata claims such as holiday and continued pay in sickness.
📎 Official sources
- Chamber of Labour · your rights in probation →
- WKO · employment on probation →
- oesterreich.gv.at · probation →
❓ Frequently asked
How long does probation last?
For salaried and manual employees probation may last at most one month, the so-called probation month. A longer three-month probation is not permitted for them. For apprentices, by contrast, a statutory probation of three months applies.
Can I be dismissed anytime during probation?
Yes. During the probation month both the employer and you can dissolve the employment at any time, without giving a reason and without observing a notice period. This applies equally to both sides.
Must probation be agreed?
Yes. Probation must be expressly agreed in the employment contract or the collective agreement. If there is no such agreement, there is no probation, and the normal notice periods and dates apply from the start.
Do I have claims during probation?
Yes. Probation is also a genuine employment relationship. You build up pro-rata claims such as holiday and continued pay in sickness. The only difference is that the relationship can be freely dissolved at any time.
Can probation be extended?
No. Probation can't be repeatedly extended or restarted to circumvent the one-month cap. A dissolution based on a legally prohibited, for example discriminatory, motive can also be challenged despite the probation.
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