Status: June 30, 2026. A new job may be a good professional fit and still feel wrong after just a few days. Sometimes tasks are different from what was discussed, management doesn't work out, working hours are a surprise, or the commute is unrealistic in the long run. Conversely, the employer may also realize that the collaboration is not going as expected. That is exactly what the probationary period is for.
Many search for "terminating probationary period," but legally in Austria, it is usually referred to as dissolution or termination during the probationary period. This is more than just splitting hairs: A probationary period dissolution works differently than a normal termination. As a rule, there is no notice period, no termination date, and no reason that needs to be given. Nevertheless, employees should not act rashly, because evidence, outstanding claims, and potential AMS (Public Employment Service) consequences remain important.
This article explains what employees in Austria should know if they want to leave during the probationary period or if the employer terminates the employment relationship.
Probationary period is not trial work
First, it is worth making a clear distinction: Trial work takes place before or around the start of a job and is legally tricky if there is actual work performance without a clear agreement. The probationary period, on the other hand, is already part of an employment relationship that has begun. There is therefore a job start, registration, work performance, entitlement to remuneration, and labor law consequences.
Anyone invited to a trial day before being hired should therefore ask different questions than someone who is already in an employment relationship. For the pre-phase, there is an article on Jobspot Trial work before the job: What is fair and where applicants should be careful. This is about the situation after the actual start of work.
Especially in the first few days, a lot can come together: training, service notes, system access, team rules, working hours, and initial tasks. If you are unsure, you should not only listen to your gut feeling but also collect concrete points. Is the problem temporary because training is still missing? Or does the job differ significantly from what was agreed?
How long can the probationary period last?
For employees, the probationary period may generally last a maximum of one month. The Chamber of Labour (Arbeiterkammer), USP, and WKO confirm this unanimously. Some collective agreements provide for a shorter probationary period. A longer individual agreement does not automatically make the excess period a real probationary period; other rules apply thereafter.
It is also important that a probationary period is not just "in the air." It must be agreed upon or result from law or a collective agreement. In many employment contracts or service notes, you will find a separate clause for this. According to USP, the service note should contain, among other things, the duration and conditions of an agreed probationary period.
Special features apply to apprenticeship relationships. In an apprenticeship, the probationary period is generally three months. The WKO also points out special rules if the apprentice attends a vocational school during this time. This article focuses on normal employment relationships; apprentices should additionally check with the Chamber of Labour, trade union, or vocational school if they are unsure.
What "dissolve at any time" means in practice
During the probationary period, the employment relationship can be terminated immediately by both sides. No termination date has to be adhered to, and in principle, no reason needs to be given. This distinguishes the probationary period from a normal employee or employer termination, where deadlines and dates can be decisive.
In practice, this means: If the dissolution is declared effectively, the employment relationship ends at that time or at the clearly stated time. If an employee says on Friday that they are ending the employment relationship during the probationary period, they should not assume they will automatically remain employed until the end of the month. Conversely, the employer can also terminate at very short notice during the probationary period.
That is exactly why language is important. Instead of vaguely saying "I don't think this is a good fit," you should clearly formulate what is meant: "I am dissolving the employment relationship during the probationary period as of today." Anyone who still wants to have a conversation and look for a solution should also make that clear. Unclear statements can lead to disputes later.
Why written confirmation makes sense
A probationary period dissolution is not necessarily bound to a long form for normal employment relationships. For evidentiary reasons, written documentation is still very useful. The WKO recommends a written declaration of dissolution because, in the event of a dispute, it can be decisive whether the declaration was actually received within the probationary period.
For employees, a short, factual statement with date, name, employer, start date, and clear termination time is often sufficient. It does not need to contain long justifications. Anyone handing over the declaration in person should have receipt confirmed. If personal delivery is not possible, one should pay particular attention to timely delivery. A letter that arrives only after the probationary period has expired can become problematic.
Even if the employer ends the probationary period, employees should ask for written confirmation. This helps with the final settlement, with the AMS, with later applications, and with one's own overview. Anyone sent home only verbally should send a short email promptly and factually confirm the discussed dissolution.
What should be checked before your own exit
Anyone who wants to leave during the probationary period themselves should check three things before declaring it: Is there a realistic internal solution? Is there a follow-up job or at least a plan? And what financial consequences arise? Not every dissatisfaction justifies an immediate exit if a clarifying conversation could be possible a few days later.
A short list is helpful: Which points are specifically bothering you? Are they described differently in the employment contract or job offer? Was a working time, a scope of duties, or a place of work promised that is now not being kept? If so, a conversation with the manager can make sense. The article "First day of work: What should really count when starting a job" shows which starting questions can be clarified early on.
Once the decision has been made, you should still keep the handover professional. Return work equipment, note open tasks, secure time recording, remove private data from devices, and keep contact details for the final settlement up to date. A short, calm exit is better in the long run than an emotional break.
If the employer terminates during the probationary period
A dissolution by the employer can come as a surprise. Here, too, the following applies: During the probationary period, no deadline and no date generally have to be adhered to. Employees should still calmly ask about the next steps. When exactly does the employment relationship end? When will the final settlement arrive? What employment papers will be issued? How will open hours, vacation, or aliquot special payments be handled?
It is important to secure your own documents immediately: employment contract or service note, time records, duty roster, wage agreement, emails regarding termination, and receipts for handed-over work equipment. Anyone who already loses access to internal systems should not wait until everything is harder to understand later.
If the employer gives a reason, you should note it down. Although a reason for dissolution during the probationary period is generally not necessary. However, if there is a suspicion that prohibited discrimination plays a role, the justification or the temporal context can become decisive.
Wages, vacation, and open claims remain relevant
The probationary period does not automatically end all claims. Remuneration is due for work performed. Open hours, surcharges, aliquot special payments, or vacation compensation can also be relevant depending on the contract, collective agreement, and duration of the employment relationship. Anyone who has only worked for a few days should still receive a comprehensible final settlement.
Especially with changing working hours, it is worth documenting your own hours cleanly. If time off in lieu, overtime, or surcharges are disputed, your own records will help. The Jobspot article fits this Recording working hours: Why keeping track at work counts.
A service certificate can also be relevant if the employment relationship was short. You don't have to aggressively spread every short stint in your CV, but for later inquiries, the presentation should remain consistent. Anyone unsure whether formulations in the certificate are appropriate will find guidance in the article Check service certificate: Which formulations applicants should take seriously.
AMS and blocking period: do not clarify only afterwards
If no new job follows after the probationary period dissolution, AMS contact should be thought of immediately. Yesterday, it was explained on Jobspot why the application for unemployment benefits is important on the first day of unemployment at the latest: Registering as unemployed: What matters immediately after job loss.
In the case of your own termination, the blocking period for unemployment benefits can also become relevant. oesterreich.gv.at describes that people who terminate their employment relationship themselves or lose their job through their own fault generally do not receive unemployment benefits in the first four weeks from the end of employment. In the case of an employer termination, this generally does not apply, unless it is based on culpable behavior.
A probationary period dissolution is not always just a standard case. Anyone leaving for health reasons, because of massive deviations from the agreed job, or because of other serious circumstances should document the reasons and clarify directly with the AMS or Chamber of Labour how the case is assessed. It is important not to react only weeks later.
Discrimination remains prohibited even during the probationary period
The fact that no reason has to be given does not mean that every reason would be allowed. The Upper Austrian Chamber of Labour points out that a dissolution during the probationary period can be challenged due to certain grounds for discrimination, such as gender, pregnancy, ethnic origin, religion, worldview, sexual orientation, or disability.
In such cases, speed counts. The AK Upper Austria mentions a short period of 14 days from the time of dissolution for a challenge at the Labor and Social Court. Anyone who has such a suspicion should therefore seek advice immediately and secure evidence: messages, conversation notes, timelines, names of witnesses, and documents from the application or employment relationship.
Here, too, the following applies: Not every unpleasant dissolution is discriminatory. But anyone who has clear indications should not be fobbed off with the statement that "everything is allowed" during the probationary period. The legal threshold is higher, the deadlines are short, and advice is crucial.
Checklist: Ending or being ended during the probationary period
- Check whether the probationary period actually still applies and how long it lasts according to the contract or collective agreement.
- Note the difference between probationary period dissolution and normal termination.
- Document your own decision in writing, clearly, and with a date.
- In the case of verbal employer dissolution, demand written confirmation or confirm it factually yourself by email.
- Record working time, open tasks, work equipment, and final settlement cleanly.
- In the event of subsequent unemployment, check AMS deadlines immediately.
- In the case of your own dissolution, consider possible blocking periods in advance and document reasons.
- In case of suspected discrimination, contact the Chamber of Labour, Equal Treatment Office, or legal advice quickly.
Conclusion: Probationary period gives freedom, but no carelessness
The probationary period makes a quick exit possible. This can be fair for both sides if it becomes apparent early on that the collaboration is not a good fit. However, employees should not confuse this flexibility with insignificance. Even a very short employment relationship requires a clear termination, a correct settlement, and clean documentation.
Anyone who wants to leave should act factually, in a timely manner, and in writing. Anyone terminated by the employer during the probationary period should clarify the final settlement, documents, and AMS questions immediately. This way, a failed job start does not become a long-term problem.
Sources and further information
- Chamber of Labour: Dissolution during the probationary period
- Chamber of Labour: Probationary period – Your rights
- Chamber of Labour Upper Austria: Probationary period
- USP: Types of termination of an employment relationship
- USP: Employment contract and service note
- WKO: Employment relationship on probation
- oesterreich.gv.at: Starting a new job
- oesterreich.gv.at: Unemployment benefits – blocking period
