Employment contracts, resignation and parental leave in Austria
In Austria a resignation (Selbstkündigung) or a termination by agreement (einvernehmliche Auflösung) needs no form by statute, unless the collective agreement or the contract requires writing. It takes effect when it reaches the employer, and the sender has to prove that, so every letter carries a receipt the employer signs on the employee's copy. The resignation letter keeps to the notice period, which for salaried employees and, since 1 October 2021, for workers too is one month to the end of a month (§ 20(4) AngG, § 1159 ABGB), and at any time in the probation month; it names no figure, because the collective agreement may differ. After a resignation without good reason the AMS pays no unemployment benefit for four weeks; a termination by agreement carries no such waiting period (§ 11 AlVG).
The documents are written in German, under Austrian law, and each one's page describes it in English. An employer owes only a simple reference stating the kind and length of the work (§ 1163 ABGB, § 39 AngG), so the reference request asks for an assessment without demanding one. Unpaid wages become time-barred after three years (§ 1486(5) ABGB) but often lapse far sooner under the collective agreement, which the claim for outstanding pay names. Where pay is withheld, a final deadline comes first; as a rule only then does it justify leaving with immediate effect (§ 26(2) AngG).
The contract itself needs no form, but at the start the employer must hand over a written statement with every item of § 2 AVRAG; the open-ended and the fixed-term contract contain them all, with the collective agreement and pay group. Annual leave is agreed, never simply taken (§ 4 UrlG), so the leave request has room for both signatures. Parental leave (Karenz) is notified, not applied for: by the mother before her protection period ends, by the father within eight weeks of the birth (notice of parental leave). Part-time work as a parent and telework must be in writing. Each document is filled in online and signed; none of it is legal advice.
The documents
23 forms available to fill out or download.
Organisation's request and confirmation for the child-protection or care criminal record certificate (Austria)
The written request and confirmation, addressed to the person, that clubs, schools, nurseries, parishes, care providers and other employers issue for the special criminal record certificates Kinder- und Jugendfürsorge (work with children) or Pflege und Betreuung (care work) under Austria's Criminal Records Act (§ 10(1b) and (1d) StRegG): that the person needs it for a specific paid or volunteer activity mainly involving minors or the care of defenceless persons, and whether the work is voluntary (fee exemption). The Interior Ministry provides a model confirmation free of charge; this is a version of our own, as the organisation's letter. In German.
Notice of sick leave to the employer (Austria)
The written notice an employee in Austria gives the employer on going on sick leave (Krankenstand): when the incapacity began, how long it is expected to last and its cause — illness, accident, work accident or occupational disease — but never a diagnosis. Under the Austrian Salaried Employees Act (§ 8 Abs 8 AngG) and Continued Remuneration Act (§ 4 Abs 1 EFZG) the absence is reported without delay, and the confirmation of incapacity (Arbeitsunfähigkeitsbestätigung) shown when the employer asks. No form is prescribed: the letter is your proof. In German, ready to print and sign.
Notice of illness during holiday (Austria)
An employee in Austria who falls ill on holiday does not lose the days: if the illness lasts more than three calendar days, the days of incapacity are not counted against the holiday entitlement (§ 5 UrlG, the Austrian Holiday Act). The employer must be told without delay after three days, and a doctor's confirmation shown on returning to work. This letter records both, with the holiday dates and the start and expected length of the incapacity, without a diagnosis — and a choice for illness abroad, where an official confirmation or a hospital's confirmation is needed. In German.
Notice of care leave to the employer (Austria)
The notice telling an employer in Austria that you are taking care leave (Pflegefreistellung) under § 16 UrlG, the Austrian Holiday Act: to nurse a sick close relative or a sick member of your household, to look after your child when the person who normally cares for it is unavailable, or to stay with a child under ten in hospital. You choose whether this is the first week, the second week for a child under twelve who falls ill again or, once both are used, holiday taken without agreement (§ 16 Abs 3 UrlG). The employer keeps paying. No diagnosis. In German.
Free service contract with written particulars — freier Dienstvertrag (Austria)
A free service contract under § 4(4) of the Austrian General Social Insurance Act (ASVG) for people who provide services to a client over a period without being bound to working hours, a place of work or instructions. It contains every particular of the written statement (Dienstzettel) required by § 1164a ABGB, so no separate statement is needed: start and term, an optional probation month, the notice periods of four and six weeks in force since 1 January 2026, the work, pay with due date and method, the social insurance carrier, the severance fund and any applicable collective agreement. In German.
Leave request and leave agreement (Austria)
A request to an Austrian employer to agree the dates of your annual leave under § 4(1) of the Austrian Leave Act (UrlG): the period, the number of days — counted as Werktage (Monday to Saturday) or as working days, as your workplace counts them — the leave year and who covers for you. In Austria leave is agreed, not granted: below the letter, both sides sign the leave agreement or record different dates. No form is prescribed; the signed sheet proves the agreement. In German, ready to print and sign.
Agreement on care leave or reduced hours for care (Austria)
The written agreement on care leave (Pflegekarenz, § 14c of the Austrian Employment Contract Law Adaptation Act, AVRAG) or reduced hours for care (Pflegeteilzeit, § 14d AVRAG) to look after a close relative: the relative and their care allowance level, the kind, start and end — one to three months — the hours during part-time (not below ten) and the return. The law requires writing: both sign by hand or with a qualified electronic signature. The care leave allowance (Pflegekarenzgeld) is claimed separately from the Sozialministeriumservice. In German.
Declaration of leaving employment early for good cause (Austria)
The declaration by which an employee in Austria ends the employment with immediate effect for good cause — the vorzeitiger Austritt under § 26 AngG and § 1162 ABGB: pay withheld after a final deadline passed unused, breach of essential contract terms, danger to health, lack of protection, or violence and serious insults. It records the facts and claims notice-period compensation (Kündigungsentschädigung), pay in lieu of leave and the final settlement. An unjustified Austritt costs claims; the Chamber of Labour advises its members beforehand. In German.
Request for unpaid leave – Karenzierung (Austria)
A request to an Austrian employer for unpaid leave (Karenzierung), with the agreement both sides sign below it: the period, the reason, the return to work, the collective agreement and what applies to annual leave and special payments. There is no right to unpaid leave in Austria — it is agreed. The letter records that compulsory social insurance continues only for unpaid leave of up to one month (§ 11(3)(a) of the Austrian General Social Insurance Act, ASVG). No form is prescribed. In German, ready to print and sign.
Papamonat: advance notice and notice of a father's month off (Austria)
The letter to an Austrian employer for the Papamonat, a father's month off at the birth under § 1a of the Fathers' Leave Act (VKG), in three versions: the advance notice at least three months before the due date, the notice of the start after the birth (within a week of it), and the notice after a premature birth that left no time for advance notice. With due date, start and end of the leave and a receipt block. The Papamonat is unpaid; the family time bonus (Familienzeitbonus) is claimed separately from the health insurer, usually the ÖGK. In German.
Confidentiality and data secrecy agreement for employees (Austria)
A confidentiality agreement for employees in Austria, in German, with the undertaking to keep data secrecy that every employer must obtain from its staff under § 6 of the Austrian Data Protection Act (DSG), including the information on transfer instructions and the consequences of a breach. It protects trade secrets under §§ 26a ff of the Unfair Competition Act (UWG) by naming categories and secrecy measures, leaves out the employee's own pay and whistleblowing reports, and offers an optional non-compete clause under § 2c AVRAG and § 36 AngG.
Resignation letter (Austria)
A resignation letter for an employee in Austria (Selbstkündigung): notice ending your employment with the notice period, or during the probation month, on the date you choose or else on the next possible date, asking for confirmation, a written reference (Dienstzeugnis), the final pay and pay in lieu of untaken leave. Austrian law prescribes no form, but many collective agreements (Kollektivverträge) require writing: print, sign and hand it over against a receipt. For white- and blue-collar workers; not for apprentices. In German.
Final deadline for withheld pay before leaving early (Austria)
A letter by which an employee in Austria gives the employer a concrete final deadline (Nachfrist) for pay withheld, announcing that the employee will leave early if it is not paid (§ 26 Z 2 AngG; for blue-collar workers § 82a lit d GewO 1859). Leaving over unpaid wages without such a deadline has been held unjustified, so this letter is the first step. It also meets the forfeiture deadlines of the collective agreement. With a receipt for hand delivery. In German.
Training cost repayment agreement (Austria)
An agreement on repaying training costs under § 2d of the Austrian Employment Contract Law Adaptation Act (AVRAG), in German: in writing, before the training begins and with the exact amount, as the law and the courts require, for training that gives specialist skills usable with other employers too. With a bond of at most four years (eight in special cases), a monthly pro-rata reduction, the cases in which the law excludes repayment (probation, the employer's notice, justified resignation, end of a fixed term) and the rule of § 11b AVRAG that the employer pays for training the job requires.
Letter claiming unpaid wages, overtime and special payments (Austria)
A letter by which an employee in Austria claims unpaid amounts from the employment in writing: wage or salary, overtime with its premium, special payments (13th and 14th salary) and other claims, with a total, a deadline and a bank account. It meets the forfeiture deadlines of the collective agreement (Verfallsfristen), which are often far shorter than the three-year limitation period (§ 1486 Z 5 ABGB), and refers to interest under § 49a ASGG. In German, to print, sign and deliver with proof of receipt.
Notice of parental part-time work, Elternteilzeit (Austria)
The written notice of parental part-time work (Elternteilzeit) to an Austrian employer under § 15j of the Maternity Protection Act (MSchG) or § 8b of the Fathers' Leave Act (VKG): start, length, hours and their pattern, the child, and since when you have been employed. You choose whether you claim the statutory right (more than 20 employees, three years' employment) or ask for an agreement. The notice must be in writing, so signed — a plain e-mail is not enough — and must arrive at least three months before the start. In German.
Agreement ending employment by mutual consent (Austria)
A termination by mutual consent of an employment in Austria (einvernehmliche Auflösung), as an agreement between employer and employee: end date, final pay and garden leave, leave and pay in lieu, statutory and voluntary severance (Abfertigung), the written reference and the return of work equipment. It asks about protection under Austria's Maternity Protection Act (MSchG) and Fathers' Parental Leave Act (VKG), which requires writing (§ 10 Abs 7 MSchG), and about the works council (§ 104a ArbVG). The AMS imposes no waiting period afterwards. Not for apprenticeships. In German.
Request for an employment reference (Austria)
A letter asking the employer in Austria for a written reference (Dienstzeugnis) under § 1163 ABGB and § 39 AngG — a final reference when the employment ends, or an interim one during it, which is issued at the employee's cost. Austrian law owes only the simple reference stating the length and kind of the work, and it may contain nothing that makes finding a new job harder; the letter also asks politely for a favourable description of duties and achievements. In German, to print and sign.
Notice of parental leave (Karenz) to the employer (Austria)
The notice telling an Austrian employer when your parental leave (Karenz) starts and how long it lasts, under the Maternity Protection Act (§ 15 MSchG) or the Fathers' Leave Act (§ 2 VKG): child and date of birth, leave from–to, the other parent's parts. For children born from 1 November 2023, Karenz runs to the end of the 22nd month, or the 24th if shared — the document prints the rule for your child. With a receipt block. Childcare benefit (Kinderbetreuungsgeld) is claimed separately from the health insurer, usually the ÖGK. In German.
Agreement on training leave or reduced hours for training (Austria)
The agreement between employer and employee on Weiterbildungszeit or Weiterbildungsteilzeit — the AMS's names for full release and reduced hours for training, by statute the educational leave (Bildungskarenz, § 11 of the Austrian Employment Contract Law Adaptation Act, AVRAG) and educational part-time (Bildungsteilzeit, § 11a AVRAG) as reformed for 2026: start and end, hours, current education level, the training and its aim. It takes effect only if the AMS grants the training allowance (Weiterbildungsbeihilfe), to which there is no right. The allowance itself is claimed from the AMS, online or at the regional office. In German.
Telework agreement (Austria)
The written telework agreement required in Austria since 1 January 2025 by § 2h of the Employment Contract Law Adaptation Act (AVRAG), in German — Austria's home-office agreement under the new law: places and extent of telework, working time and availability, who provides the digital equipment and what cost allowance is paid, data protection, accident insurance under § 175 ASVG, and ending it for an important reason on one month's notice to the end of a month. It supplements an existing contract of employment.
Fixed-term contract of employment (Austria)
A fixed-term contract of employment (befristeter Dienstvertrag) for salaried employees or workers in Austria, in German, with every Dienstzettel item under § 2 AVRAG: the end date and the objective justification that a chain of fixed terms needs, a probation month, a choice between excluding notice during the term and allowing it, § 21 AngG and § 1158 Abs 3 ABGB for terms over five years, the suspension on pregnancy under § 10a of the Maternity Protection Act (MSchG), collective agreement, hours, pay, leave, the severance fund and the social insurer.
Open-ended contract of employment (Austria)
An open-ended contract of employment (Dienstvertrag) for salaried employees or workers in Austria, in German, carrying every item the Dienstzettel must state under the Austrian Employment Contract Law Adaptation Act (§ 2 AVRAG) as amended on 28 March 2024: seat, job and a short description of the work, collective agreement and pay group, probation month, working time and overtime, pay, leave under the Leave Act (UrlG), notice periods under § 20 AngG and § 1159 ABGB, the termination procedure, the severance fund (Abfertigung neu) and the social insurer.
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