Getting Let Go During the Probezeit Without Reason
Walking into your manager's office only to be told that your journey with the company is ending before the first month is even up is a soul-crushing experience. I remember my first "real" job in Vienna, where I spent three weeks obsessing over the perfect office attire and my German cases, only to be let go on day twenty-eight with a simple "it’s just not a fit." This guide breaks down the legal reality of being terminated during the trial period in Austria and explains exactly what you need to do to protect your finances and your residency status.
Understanding the Legal Framework of the Probezeit in 2026
In Austria, the trial period, or Probezeit, is a standard feature of almost every employment contract. It is designed to be a "get to know you" phase for both the employer and the employee. However, for many expats, the suddenness of a termination during this window feels like a violation of labor rights. It is important to understand that under the General Social Insurance Act (ASVG) and various collective agreements, the rules during this period are vastly different from those governing a permanent position.
The Duration and Scope of the Trial Period
Legally, a Probezeit in Austria cannot exceed one month. While you might see mentions of "probationary periods" that last three or six months in other countries, Austrian law is quite strict about the one-month cap for a true trial period. During these first 30 days (or sometimes less, depending on your specific contract), either party can terminate the employment relationship at any moment without providing a reason and without adhering to any notice period.
Many expats get confused when their contract mentions a "six-month trial." Usually, what the employer means is a fixed-term contract that converts to permanent, or they are referring to the fact that general protection against wrongful dismissal often only kicks in after six months of service. However, the "immediate exit" rule only applies to that first month. If you are past day 31, your employer must follow the notice periods outlined in the Understanding the Kollektivvertrag (Collective Agreement) specific to your industry.
The Right to Immediate Dissolution
The technical term for this is probeweise Auflösung. Because the law allows for dissolution "without reason," your employer does not have to prove you were bad at your job, that you were late, or that the company is struggling financially. They can simply decide that the "cultural fit" isn't there. This is why many foreigners feel a sense of injustice; you could be doing everything right and still find yourself out of a job.
There are, however, very narrow exceptions. You cannot be fired for discriminatory reasons—such as your religion, ethnicity, or gender. Proving this, however, is notoriously difficult when the employer is not required to state a reason in the first place. If you suspect discrimination, your best path is to contact the Employment Rights: Arbeiterkammer, Contracts, and Leave office immediately. They provide free legal advice to employees and are an absolute lifeline when you feel you’ve been treated unfairly.
The Role of the Works Council
If your company is large enough to have a Betriebsrat (Works Council), they are usually informed of terminations, even during the trial period. While they cannot "block" a trial period dismissal the way they might challenge a senior employee's firing, they are a great resource for understanding if a specific department has a high turnover rate. Sometimes, knowing that you are the fifth person to be let go from that team in six months can provide the emotional closure you need to realize the problem wasn't your performance, but a toxic management style.
Protecting Your Rights and Financials After a Probezeit Termination
The moment you are told you are being let go, your focus must shift from "what went wrong" to "show me the money." Austria has very pro-worker laws regarding final payouts, but you have to know what to ask for. Many expats miss out on hundreds of Euros because they assume that being fired so quickly means they aren't entitled to anything beyond their hours worked.
Calculating Your Final Pay and Payout of Unused Vacation
Even if you only worked for two weeks, you are entitled to a prorated portion of your salary, as well as your special payments. In Austria, the "13th and 14th salary" (holiday and Christmas bonuses) are not just gifts; they are earned components of your compensation. When you leave a job, the employer must calculate how many days you worked and pay out the corresponding portion of these bonuses. You can learn more about how these are taxed in the Taxation of the 13th and 14th Salary Explained guide.
Furthermore, you accrue vacation days from day one. In Austria, you typically earn 2.08 vacation days per month. If you are let go after three weeks without taking any time off, the employer must pay you for the vacation days you earned but didn't use. This is called Urlaubsersatzleistung. Always double-check your final Lohnzettel Breakdown: Gross vs Net Salary Explained to ensure these lines are included.
The Importance of the Dienstzeugnis
In the Austrian job market, your Dienstzeugnis (service certificate) is everything. Even if you were only at a company for three weeks, you have a legal right to a "simple" certificate that states the duration of your employment and your job title.
However, you should ideally ask for a qualifiziertes Dienstzeugnis, which describes your performance. If the termination was truly "without reason" (perhaps a budget cut or a project cancellation), having a certificate that says you performed your tasks to their full satisfaction is vital for your next job hunt. Since Austrian Work Culture: 14 Salaries, Meetings, and Etiquette places a high value on formal documentation, leaving a job empty-handed can leave a "gap" that is hard to explain to the next recruiter.
Sick Leave During the Trial Period
A common myth is that you cannot be fired while on sick leave. In Austria, this is not true, especially during the Probezeit. If you wake up with a fever on day ten and call in sick, the employer can still terminate the relationship immediately. The only "silver lining" is that if they terminate you while you are sick, they must generally continue to pay your sick pay (Entgeltfortzahlung) until the end of the illness or until the "sick pay quota" is exhausted, even if the employment technically ended earlier. For a deeper dive into this, see Sick Leave Rights (Krankenstand): Pay and Protections.
| Feature | Probezeit Termination | Standard Termination (After 1 Month) |
|---|---|---|
| Notice Period | None (Immediate) | 1 to 6 months (standard is 1 month) |
| Reason Required | No | No (but can be challenged in court) |
| Vacation Payout | Yes (Prorated) | Yes (Prorated) |
| 13th/14th Salary | Yes (Prorated) | Yes (Prorated) |
| End Date | Any day | Usually the end of the month or 15th |
Practical Next Steps for Expats: AMS and Future Visas
For an expat, losing a job isn't just a financial blow; it's a residency threat. If you are in Austria on a Red-White-Red Card (RWR): Application and Requirements, your right to stay is tied directly to your employer. Losing that job during the trial period starts a very stressful clock.
Navigating the AMS and Unemployment Benefits
The first thing you must do—ideally the same day you are let go—is register as a "job seeker" with the AMS (Public Employment Service) Registration and Job Search. Even if you don't qualify for unemployment benefits (which usually requires 52 weeks of work in the last 24 months), being registered with the AMS is crucial.
If you are an EU citizen or hold a residence permit that allows full labor market access, the AMS can help you find a new role and, in some cases, pay for German language courses while you search. If you are a non-EU citizen, the AMS registration serves as proof to the immigration authorities that you are actively seeking to rectify your employment situation.
Impact on Your Red-White-Red Card
This is the "danger zone" for many. If you hold a Red-White-Red card, your permit is "employer-bound" for the first two years. If you are let go during the Probezeit, your permit technically becomes invalid because the "condition" for its issuance (the job) no longer exists.
You are legally required to notify the immigration office—usually MA 35 and Bezirkshauptmannschaft Procedures for Expats—immediately about the change in your employment. Failing to do so can be seen as a violation of your visa terms. Usually, the authorities will give you a "grace period" (often around 4 weeks, though this is at their discretion) to find a new employer who is willing to sponsor a new RWR card. Because the paperwork for a new card can take months, I highly recommend looking for "shortage occupations" to speed up the Red-White-Red Card Employment Journey from Offer to Start.
Handling the Psychological Blow
Let's be real: being fired in a foreign country feels ten times worse than being fired at home. You might feel like a failure, or that your "Austrian dream" is over. It isn't. The Probezeit is specifically designed for these quick breaks. Employers in Austria actually view a trial-period termination as a "neutral" event. It's much easier to explain to a new recruiter that "the trial period showed that the company's internal structure didn't match the job description" than to explain why you were fired after two years.
Focus on your Job Hunting Strategy for English Speakers in Austria and don't let one bad month define your career. Use the time to polish your Resume (Lebenslauf) and Interview Guide for Austrian Employers and remember that you now have a "clean slate."
Checklist for Your Last Day
If you find yourself packing your desk during the trial period, ensure you have the following before you walk out the door:
- The Termination Letter: Ensure it clearly states it is a dissolution during the Probezeit.
- Key Returns: Get a receipt for any keys, laptops, or badges you return.
- Contact Info: Get the email of the HR person who will send your final Lohnzettel Breakdown: Gross vs Net Salary Explained.
- Dienstzeugnis: Ask for it immediately; don't wait for them to "mail it later."
Getting let go without reason is a shock to the system, but the Austrian social safety net—and the strict rules around final payouts—means you won't be left completely empty-handed. Take a breath, head to the AMS, and start the next chapter.
Disclaimer
This article is provided for informational purposes only and does not constitute legal or professional advice. Labor laws and immigration regulations in Austria are subject to frequent changes. Always consult with the Arbeiterkammer (AK), the Austrian Federal Economic Chamber (WKO), or a qualified legal professional regarding your specific situation and employment contract.
