At a glance: hiring employees in Austria

Hiring of employees

Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?

The notion of positive discrimination may allow or even require an employer to give preference to job applicants who are protected from discrimination (eg, women and underrepresented age groups). Statutory law does not impose these requirements generally, except for in the public sector where certain quotas of female workers must be reached. Direct or indirect discrimination because of sex, age, sexual orientation, disability, and religious and political beliefs is prohibited. Statutory law provides for rules and sanctions against discrimination in all states of the employment relationship, from hiring, wage assessment and promotion to the termination of the relationship.

Must there be a written employment contract? If yes, what essential terms are required to be evidenced in writing?

Employers are not obliged to enter into a written employment contract. However, they must provide employees with a written summary of the essential terms of the employment relation (eg, salary, working times and applicable collective agreement). These notices document the main rights and duties arising from employment in writing, and it records the terms and conditions of employment agreed orally with a person being hired.

To what extent are fixed-term employment contracts permissible?

Fixed-term contracts are admissible, but may, in general, only be concluded once. A second fixed-term employment contract that immediately follows the first would be considered a contract for an indefinite period of time. There is no statutory maximum duration of these contracts.

What is the maximum probationary period permitted by law?

The maximum probationary period is one month. It cannot be extended. During the probationary period, the employment contract can be terminated immediately without further legal restrictions. A probationary period has to be agreed and does not apply automatically.

What are the primary factors that distinguish an independent contractor from an employee?

People who at least predominantly carry out their work for one employer, who are economically dependent on the wages they receive and who must, at least to a certain limit, follow the instruction of the employer are regularly considered employees. Courts and administrative authorities will regularly consider independent contracts employment contracts if any reasonable doubts arise. When examining whether an agreement must be considered a service contract rather than a contract with an independent contractor, the practical implementation of the contractual relationship is particularly relevant. The name of the contract only plays a very subordinate role.

Is there any legislation governing temporary staffing through recruitment agencies?

The Statute for Lease Personnel governs the employment rights and duties of temporary staff. In general, temporary staff are entitled to the same employment rights as regular employees of the same company. Works councils can force the employer into a works force agreement on lease personnel. No time limits for the duration of these contracts apply.