Labor law (AT)
Trial month / probation period
Also: Probation period · Trial employment relationship
The trial month is an agreed testing period at the beginning of an employment relationship, during which both parties can terminate at any time without providing reasons. In Austria, it may last a maximum of one month.
Key Points
- Duration: a maximum of one month—longer probation periods are not permitted.
- Must be expressly agreed (in the employment contract or collective agreement); without agreement, there is no probation period.
- Both parties can terminate at any time without providing reasons—no notice period.
- Even during the trial month, the anti-discrimination provisions of the Equal Treatment Act apply.
- After the month ends, normal notice periods apply immediately.
What is the trial month?
The trial month is a temporary familiarization period at the start of employment. During this time, both parties can terminate the employment relationship at any time without providing reasons, with immediate effect—there is neither a notice period nor a notice date. In Austria, the trial month may last a maximum of one month.
The trial month must be expressly agreed—in the employment contract or the applicable collective agreement. Without such an agreement, there is no probation period, and normal notice periods apply from the first minute.
What are the limits of the probation period?
Limits of termination
Even during the trial month, anti-discrimination rules apply: termination cannot occur for reasons prohibited by the Equal Treatment Act (e.g., due to pregnancy, age, or origin). Otherwise, the termination can be contested.
- The maximum duration of one month cannot be extended by contract.
- A renewed probationary period upon mere continuation of the same employment is impermissible.
- Special dismissal protection (such as during pregnancy) remains in effect even during the probationary period.
Probation month from a recruitment perspective
The probationary month protects both parties – but it's no substitute for careful selection. Separations during the probationary period are costly: The position reopens, and onboarding starts anew. Good matching and structured onboarding significantly reduce the risk of early separation.
Frequently Asked Questions
- Can the probationary period be extended to three months?
- No. In Austria, the maximum probationary period is one month. A contractual extension to two or three months is impermissible and invalid.
- Is there automatically a probation month?
- No. The probation month must be explicitly agreed upon in the employment contract or collective agreement (Kollektivvertrag). Without an agreement, normal notice periods apply immediately.
- Does termination during the probation month require justification?
- No, in principle – both parties can terminate without providing reasons. However, termination must not be based on a legally prohibited discriminatory motive.
Note: This entry provides an overview to the best of our knowledge (as of: July 2026) and does not replace legal advice. Binding information is provided by the Chamber of Labour and the relevant trade union.