Share I haven’t received my (full) pay.
The following apply to most jobs: Your boss must pay you the minimum wage. The minimum wage is the lowest pay allowed. The minimum wage varies depending on your job and what you do.
In addition to your wage, you’ll usually also get a 13th and 14th month of pay. This is also called “holiday pay” (Urlaubsgeld) and “Christmas bonus” (Weihnachtsgeld).
I have to work more hours than agreed.
If you work more hours than agreed or have to work on a Sunday or public holiday, you will also receive more money for this in most industries (for example on construction sites, in cleaning, gastronomy…). This is called overtime or Sunday and holiday bonuses.
The law sets maximum working hours for employees. In Austria, that’s 12 hours a day and 60 hours a week with overtime. However: this cannot be your normal working hours. That means: you shouldn’t always work so many hours.
After 6 hours of work, you must have a break of at least 30 minutes. Once a week, you must have a break of 36 hours. In most industries, there must be at least 11 hours between two working days, during which you do not work. That’s called a rest period.
I’m working without a social security number. / I don’t have health insurance.
The law is clear: your employer must register you with the social security authorities.
That means: you will receive medical care. You are also entitled to a pension and you have unemployment insurance.
Important:
Being registered with the social security office does not automatically give you a work permit. Your employer must apply for your work permit (Beschäftigungsbewilligung) separately!
My boss suddenly fired me.
If your employment is terminated, there is a notice period of at least six weeks (Kündigungsfrist). If your boss does not comply with this deadline, you will receive money (termination compensation – Kündigungsentschädigung).
Important:
Termination (Kündigung) and dismissal (Entlassung) are not the same! Dismissal without notice is possible. For example, if you have made a serious mistake at work.
I’m working without a work permit (Beschäftigungsbewilligung).
Some residence permits require you to have a work permit. For example, as an asylum seeker with a white card or as a student from a non-EU country.
You are not allowed to work without a work permit. Your boss must apply for your work permit with the AMS (Public Employment Service Austria).
Important:
- The AMS will send you a copy of the work permit by post. You are only allowed to start working when you have received this copy!
- The work permit applies only to this specific job. It has a maximum validity of 1 year. After that, your boss must apply for a new work permit.
My boss says that I’m working as a self-employed person or with a trade licence (Gewerbeschein). What does that mean?
Working as a self-employed person means:
You work with or without a trade licence and at your own risk and for your own account. You are your own boss. No labor laws apply to you because you are not an employee.
The following problem often occurs: many people are officially self-employed, but in reality their work is employer-based. That’s called bogus self-employment (Scheinselbstständigkeit).
Examples of bogus self-employment:
You are officially self-employed, but…
- you use the car, bicycle or tools of the company or your boss.
- you are given instructions on how to do the work.
- you are not allowed to get someone else to do the work for you, but must do it yourself.
Are you unsure about whether you are working self-employed or not? Come to us at the UNDOK Drop-in Center! We’ll discuss your situation.
My employer threatens or harasses me.
That is not allowed! Come to UNDOK for advice.