As of 30 June 2026. A new job may fit professionally and still feel wrong after just a few days. Sometimes tasks are different than discussed, management doesn't work, working hours are surprising, or the commute is unrealistic in the long run. Conversely, the employer may also notice that the collaboration isn't going as expected. That's exactly what the probationary period is for.
Many people search for "terminating the probationary period", but legally in Austria the term used is usually termination or dissolution during the probationary period. That's more than semantics: dissolving the employment relationship during probation works differently from an ordinary dismissal. Generally there is no notice period, no termination date, and no reason that must be given. Still, employees should not act rashly, because evidence, outstanding claims and possible AMS 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 ends the employment relationship.
The probationary period is not the same as trial work
First, it's worth making a clear distinction: trial work takes place before or around the start of a job and is legally delicate when real work is performed without a clear agreement. By contrast, the probationary period is already part of an initiated employment relationship. So there is a job start, registration, performance of work, entitlement to pay and employment-law consequences.
Someone who is invited to a taster day before hiring should therefore ask different questions than someone who is already in an employment relationship. For the pre-employment phase there is the article on jobspot Trial work before the job: What's fair and what applicants should watch out for. This is about the situation after the actual start of employment.
Especially in the first days a lot can come together: onboarding, the employment notice, system access, team rules, working hours and initial tasks. If you are unsure, you should not rely only on your gut feeling but collect concrete points. Is the problem temporary because onboarding 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 at most one month. This is confirmed consistently by the Chamber of Labour, USP and the WKO. Some collective agreements provide for a shorter probationary period. An individual agreement that extends the period beyond this does not automatically make the exceeded period still a probationary period; other rules then apply.
It is also important that a probationary period is not simply assumed. It must be agreed or arise from law or a collective agreement. Many employment contracts or employment notices include a specific clause on this. According to USP, the employment notice should, among other things, state the duration and conditions of any agreed probationary period.
Apprenticeships have their own special features. In apprenticeships the probationary period is generally three months. The WKO also points to special rules if the apprentice attends vocational school in course form during this time. This article focuses on regular employment relationships; apprentices who are unsure should additionally consult the Chamber of Labour, their union or their vocational school.
What 'terminate at any time' means in practice
During the probationary period the employment relationship can be ended immediately by either party. There is no need to observe a notice date and, as a rule, no specific reason has to be given. That distinguishes the probationary period from a normal employee or employer dismissal, where deadlines and dates can be decisive.
Practically, this means: if the termination is validly declared, the employment relationship ends at that time or at the clearly stated time. An employee who says on Friday that they are ending the employment relationship during the probationary period should not assume they will automatically remain employed until the end of the month. Conversely, an employer can also terminate at very short notice during the probationary period.
That's exactly why language is important. Instead of vaguely saying "I think this doesn't fit," you should state clearly what you mean: "I terminate the employment relationship during the probationary period as of today." If you still want to have a conversation and look for a solution, you should make that clear as well. Unclear statements can lead to disputes later.
Why a written confirmation is advisable
A termination during the probationary period in ordinary employment relationships is not necessarily bound to a long form. For evidentiary reasons, written documentation is still very useful. The WKO recommends a written declaration of termination because, in the event of a dispute, it may be decisive whether the declaration actually reached the other party within the probationary period.
For employees, a short, factual declaration with the date, name, employer, start date and a clear end date is often sufficient. It does not need to contain long explanations. Anyone who hands over the declaration in person should have receipt confirmed. If a personal handover is not possible, special attention should be paid to timely delivery. A letter that only arrives after the end of the probationary period can become problematic.
Even if the employer ends the probationary period, employees should ask for written confirmation. This helps with the final payroll, with the AMS, with later applications and with keeping track themselves. If you are sent home only verbally, you should promptly send a short email and factually confirm the agreed termination.
What should be checked before you leave
If you want to leave during the probationary period, you should check three things before giving notice: Is there a realistic internal solution? Is there a follow-up job or at least a plan? And what financial consequences will arise? Not every dissatisfaction justifies an immediate exit if a clarifying conversation could take place 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 set of duties or a workplace promised that is now not being honored? If so, a conversation with the manager can be useful. The article First Day at Work: What Should Really Matter When Starting a Job zeigt, welche initial questions can be clarified early on.
When the decision has been made, the handover should still be conducted professionally. Return work equipment, note outstanding tasks, secure time tracking, remove personal data from devices, and keep contact details up to date for the final settlement. A short, calm exit is better in the long run than an emotional break.
If the employer terminates during the probationary period
A termination by the employer can come as a surprise. Here too: during the probationary period there generally does not have to be any notice period or set date. Employees should nevertheless calmly ask about the next steps. When does the employment relationship end exactly? When will the final pay be issued? Which employment documents will be provided? How will outstanding hours, vacation or prorated special payments be handled?
It is important to immediately secure your own documents: employment contract or employment note, time records, duty roster, wage agreement, emails regarding the termination and receipts for handed-over work equipment. If you already lose access to internal systems, you should not wait, as it may become harder to reconstruct everything later.
If the employer gives a reason, you should note it down. Although a reason for termination during the probationary period is generally not required, if there is suspicion that prohibited discrimination played a role, the reason or the timing may become decisive.
Wages, vacation and outstanding entitlements remain relevant
The probationary period does not automatically extinguish all claims. Payment is due for work performed. Outstanding hours, surcharges, prorated special payments or holiday compensation can also be relevant depending on the contract, collective agreement and the duration of the employment relationship. Even someone who only worked a few days should still receive a clear final pay statement.
Especially with varying working hours, it's worth keeping your hours properly documented. If time off in lieu, overtime or surcharges are disputed, your own records help. The jobspot-article Recording working hours: Why keeping a record on the job matters.
A work reference can also be relevant if the employment was short. You don't have to showcase every short stint on your CV, but your account should remain coherent when asked later. If you're unsure whether the wording in the reference is appropriate, you'll find guidance in the article Reviewing an employment reference: Which phrases applicants should take seriously.
AMS and suspension period: don't leave it until afterwards to clarify
If no new job follows a probationary-period termination, contact with the AMS should be considered immediately. Yesterday, jobspot explained why applying for unemployment benefits at the latest on the first day of unemployment is important: Registering as unemployed: What matters immediately after losing your job.
If you end the employment yourself, the suspension period for unemployment benefits can also become relevant. oesterreich.gv.at describes that people who resign their employment themselves or lose their job through their own fault generally do not receive unemployment benefits in the first four weeks after the end of the employment. In the case of an employer dismissal this generally does not apply, unless it is based on culpable conduct.
A probationary-period termination is not always a straightforward standard case. Anyone who leaves for health reasons, because of major deviations from the agreed job, or due to other serious circumstances should document the reasons and clarify directly with the AMS or the Arbeiterkammer how the case will be assessed. It's important not to wait weeks before reacting.
Discrimination is still prohibited even during the probationary period
That no reason has to be given does not mean that every reason would be allowed. The Arbeiterkammer Oberösterreich points out that a termination during the probationary period can be contested on grounds of certain discriminatory reasons, for example because of gender, pregnancy, ethnic origin, religion or belief, sexual orientation, or disability.
In such cases speed matters. The AK Upper Austria cites a short deadline of 14 days from the time of termination for lodging a challenge with the Labour and Social Court. Anyone with such a suspicion should therefore seek advice immediately and secure evidence: messages, notes of conversations, timelines, names of witnesses, and documents from the application or employment relationship.
The same applies here: not every unpleasant termination is discriminatory. But anyone with clear indications should not be fobbed off with the claim that “anything is allowed” during the probationary period. The legal threshold is higher, the deadlines are short, and legal advice is crucial.
Checklist: Ending the probationary period or being terminated during it
- Check whether a probationary period actually still applies and how long it lasts according to the contract or the collective agreement.
- Note the difference between termination during the probationary period and a regular dismissal.
- Document your decision in writing, clearly and with a date.
- If the employer’s termination is verbal, request written confirmation or factually confirm it yourself by e‑mail.
- Keep a clear record of working hours, outstanding tasks, work equipment, and the final settlement.
- If you face subsequent unemployment, immediately check AMS deadlines.
- If you resign voluntarily, consider any possible waiting period in advance and document the reasons.
- If you suspect discrimination, promptly contact the Chamber of Labour, the Equal Treatment Authority or legal advice.
Conclusion: The probationary period offers freedom, but not complacency.
The probationary period allows for a quick exit. This can be fair for both parties if it becomes clear early on that the working relationship isn't a good fit. Employees should not mistake this flexibility for insignificance. Even a very short employment relationship requires a clear termination, an accurate final settlement, and proper documentation.
Anyone who wants to leave should act matter-of-factly, in good time and in writing. If an employer terminates you during the probationary period, you should immediately sort out your final pay, paperwork and any AMS-related issues. That way a failed job start won't become a long-term problem.
Sources and further information
- Chamber of Labour: Solutions during the probationary period
- Arbeiterkammer: Probation period – Your rights
- Chamber of Labour Upper Austria: Probationary period
- USP: Types of termination of an employment relationship
- USP: employment contract and written statement of employment
- WKO: Employment relationship on probation
- oesterreich.gv.at: Starting a new job
- oesterreich.gv.at: Unemployment benefits – suspension period
