After a notice of termination, a race against time often begins: writing applications, arranging interviews, updating documents and at the same time properly finishing the current job. In Austria, under certain conditions there is paid time off during the notice period for this. Colloquially it is called a "job-search day", although the entitlement does not necessarily have to be used up as a whole day.
Four questions are decisive: Who gave notice? What rule does the collective agreement contain? What is the regular weekly working time? And was the time off requested in time? This guide explains Job-search days after termination, provides concrete hourly examples and shows how employees can properly arrange the entitlement.
The quick entitlement check
- Employer dismissal: By law, upon request, paid time off is generally granted during the notice period.
- Workload: At least one fifth of the regular weekly working time per week.
- Voluntary resignation: In the absence of a more favorable provision in the collective agreement or employment contract, there is generally no statutory entitlement.
- Termination by mutual agreement: The entitlement is not automatically guaranteed; an explicit written agreement is advisable.
- Active request: Job-search time is not automatically credited. Employees must claim it.
- Remuneration: The time off is granted without any reduction in pay.
First check the termination letter, the collective agreement and your regular weekly working hours. Anyone preparing the entire departure will also find a checklist for the termination meeting and the notice period.
What the law understands by "Postensuchtage"
For salaried employees § 22 of the Salaried Employees Act, and for other employees § 1160 ABGB, regulate time off during the notice period in largely identical terms. If the employer terminates, they must, upon request, release at least one fifth of the regular weekly working hours per week. Remuneration must not be reduced as a result. Collective agreements may provide differing and more favorable rules for employees.
The term "Postensuchtage" can be misleading. The statutory extent is an amount of hours per week. In a 40-hour week this can amount to a whole working day. With part-time work or a different distribution, there are correspondingly fewer hours. Half days or single time blocks can also be more practical, for example for two job interviews.
This many hours are available per week
The basic calculation is:
Regular weekly working hours divided by five = minimum time off per notice week.
- 40 hours per week amount to at least 8 hours.
- 38.5 hours per week amount to at least 7.7 hours.
- 30 hours per week amount to at least 6 hours.
- 25 hours per week amount to at least 5 hours.
- 20 hours per week amount to at least 4 hours.
With irregular employment, overtime, or changing weekly schedules, the 'regular' weekly working time may require interpretation. Check the collective agreement, the employment contract and the actual working time. Document the calculation instead of simply assuming a flat full day.
Which notice period counts for the calculation
What matters is the statutory, collectively agreed, or validly contractually agreed notice period. If the employer voluntarily gives notice earlier and this results in a longer factual period until the end date, the statutory minimum entitlement does not automatically increase for that additional period, according to the Chamber of Labour.
Example: The notice period to be observed is two months, but the company already notifies three months before the end date. Time to search for a new position is generally to be calculated for the two relevant notice months. A more favorable voluntary agreement for the additional month remains possible.
Employer dismissal: the clear statutory case
In the case of dismissal by the employer, the legal requirements are typically met. You do not have to prove either an already secured new job or a specific number of applications sent in order for the entitlement to arise. Nevertheless, the time should remain plausibly connected to your professional reorientation and be used in accordance with the company-agreed procedure.
The employer must not practically thwart the entitlement by constantly rejecting every proposed appointment. Conversely, employees should not be absent without consultation. A written request with several realistic proposed dates provides evidentiary certainty and makes scheduling easier.
Employee resignation: the collective agreement also plays a role
If you resign voluntarily, you generally have no statutory entitlement to paid time to search for a position without a special rule. The collective agreement or employment contract can, however, be more favorable. The Chamber of Commerce, for example, cites collective agreement models that also grant time off in cases of voluntary resignation and provide for half-days or a special proof of necessity.
Therefore, do not just read the headline "Time off during the notice period", but also the prerequisites, scope and application deadline. If no entitlement exists, annual leave, time off in lieu, flexitime or an individually agreed paid or unpaid leave can be negotiated.
Mutual termination: put it in writing
In a mutually agreed termination there is no classic employer dismissal. Whether job-search time is due is therefore not as clear-cut as in the statutory standard case. The Arbeiterkammer recommends expressly including the time off in the termination agreement, especially when the initiative comes from the employer.
A useful clause specifies the number of hours, the period for using them, continued salary payment and the coordination procedure. Avoid blanket waivers before outstanding claims have been examined. Have unclear agreements checked by the Arbeiterkammer, your union or legal counsel before you sign.
Fixed-term contract: seek timely advice
A fixed-term employment relationship generally ends by expiration of the term and not by dismissal. Case law has nevertheless recognized the entitlement analogously in certain fixed-term employee relationships, among other things when the contract lasts at least three months. For the period, a fictitious notice period is used as the reference.
This is a special case in which the contract duration, the interests involved and the applicable rules are decisive. Do not rely on a blanket promise from the internet. Obtain specific employment-law advice before the planned absence.
Separating job-search days and vacation correctly
Vacation and job-search time are distinct entitlements. If vacation is agreed during the notice period, the job-search time should be asserted expressly beforehand and shown separately in the agreement. According to the practice described by the Arbeiterkammer, someone who agrees to vacation for an entire work week without addressing the job-search claim cannot additionally use the time off from that week.
A clear plan for a five-day week could look like this: Monday is designated as agreed job-search time, Tuesday through Friday as vacation. The specific allocation must match the individual entitlement to hours and the agreement with the employer.
Postensuchzeit is not the same as being released from duty
Several terms are often confused during dismissal periods. A release from duty means that the employer waives the employee's work obligation in whole or in part and generally continues to pay remuneration. By contrast, Postensuchzeit is a distinct, limited entitlement to time off during the notice period. It arises upon request in the case of an employer-initiated dismissal and is calculated based on the regular weekly working hours.
Taking vacation uses up vacation days and requires an agreement. Compensatory time off reduces any existing time balance. Flexitime allows adjustments within the agreed framework. These instruments can facilitate attending job interviews, but they do not automatically replace the statutory right to time for job searching. Conversely, time for job searching does not create any additional vacation or time credits.
If a full paid leave of absence is agreed, the time required for applications is effectively already available. Nevertheless, have it recorded in writing which absence is to be treated as a leave of absence, vacation, or compensatory time off. That prevents later disputes about remaining leave, the time account, and the final settlement.
Part-time, shift work and working from home
Part-time employees, if the requirements are met, do not have a flat full day of job-search time but at least one-fifth of their regular weekly working hours. With 24 hours, that is 4.8 hours per week. Whether this becomes a longer block or several short appointments must be agreed with the employer.
In shift work, the request should take the specific work schedule into account. A job interview outside the assigned shift does not automatically consume job-search time. If the appointment falls within working hours, propose a suitable block and clarify handover or cover. The employer must not thwart the time off, but may raise legitimate organizational interests when arranging appointments.
Working from home does not remove the entitlement either. Those who work at home also perform work during the agreed working hours. For job interviews or other job-search activities during that time, time off should therefore be requested and documented in the same way as in the office. Simply 'going offline' without an agreement can lead to unnecessary conflicts.
Also do not assume without checking that unused hours can be freely carried over to the next week or accumulated at the end of the notice period. Explicitly agree on usage and possible consolidation. Collective agreements may contain their own rules on this.
How to request job-search time in five steps
- Check the type of termination: Record whether the termination was employer-initiated, employee resignation, a fixed-term contract, or by mutual agreement.
- Read the rules: Check the law, the collective agreement, the works agreement, and the employment contract.
- Calculate hours: Divide the regular weekly working hours by five and take into account any more favorable collective agreement rules.
- Request in writing: Specify the entitlement, the desired dates, and a realistic alternative.
- Document the agreement:Have the date and the number of hours confirmed, and keep your own records.
Sample wording for the request
Subject: Time off during the notice period
Due to the employer’s dismissal of [Datum], I request paid time off during the notice period in the amount of [Stunden] hours per week. For the coming week I propose [Datum und Uhrzeit]. Alternatively, [zweiter Termin] would be possible. Please confirm the arrangement in writing.
The template must be adapted to the collective agreement, working hours and the actual type of termination. Write factually and avoid unnecessary details about applications or potential new employers.
What to do if the employer refuses?
A refusal should not be answered by unilaterally staying away. First ask for a written justification and offer a second appointment. Refer factually to the employer’s dismissal, your calculation and the applicable legal or collective agreement basis.
Document the dismissal letter, working hours, request, response and alternative proposals. If there is a works council, it can assist with scheduling. If the claim is fundamentally disputed or every proposal is rejected, contact the Chamber of Labour, your union or an employment law representative promptly. This is especially important because the notice period is limited and a later solution may fail to achieve the practical purpose of the time off.
If interviews are arranged at short notice, you should still inform as early as possible. Giving a concrete reason makes planning easier, even though, for the statutory basic entitlement, you do not have to disclose every single application. Only share the personal data that are necessary for scheduling the appointment.
How to make the most of your job-search time
Time for job searching is limited. Schedule tasks that are difficult to do during normal working hours:
- Job interviews and selection tests,
- Phone calls with HR departments,
- Appointments at the AMS or with advisory services,
- Research on employers and collective agreements,
- Updating your CV, certificates and work samples,
- Preparation for salary and contract questions.
For interview preparation, the jobspot.at guide on Job interview in Austria. If a gap in employment threatens after the end, you should simultaneously review the steps for Registering as unemployed with the AMS check.
Three typical practical cases
Case 1: Employer dismissal at 38.5 hours
A female employee regularly works 38.5 hours per week and is dismissed by her employer. Unless otherwise agreed, on request she is entitled to at least 7.7 paid hours per week during the applicable notice period. She arranges two shorter blocks for meetings.
Case 2: Voluntary resignation at 25 hours
A part-time employee resigns voluntarily. The statutory one-fifth rule does not apply automatically. However, his collective agreement contains a more favorable rule for two half-days. The conditions and the number of hours for those take precedence over the general assumption of five hours.
Case 3: Mutual termination at the company's initiative
The employer proposes a mutual termination. Before signing, the employee agrees to six paid hours per week for job search and has the period and continuation of pay included in the contract.
Avoid common mistakes
- Treating job-search time as an automatically recorded day off.
- In the case of voluntary resignation, assuming the statutory entitlement without verification.
- Failing to calculate part-time hours on a pro rata basis.
- Only asking verbally and later being unable to demonstrate any agreement.
- Arrange vacation for the whole week without first securing time to find cover.
- Fully include the voluntarily extended de facto period in the calculation.
- If there is a fixed-term contract or mutual agreement, refrain without an individual case review.
FAQ on job-search days after termination
Do I already have to provide proof of a job interview?
For the statutory basic entitlement following an employer's dismissal, a single interview appointment is generally not stipulated as a prerequisite. However, collective agreements may contain special requirements.
Can I take a whole day every week?
Only if one fifth of your regular weekly working hours equals a full working day, or a more favourable rule applies. The timing and allocation must be agreed.
Do I receive my normal pay during this time?
Yes. The statutory entitlement applies without any reduction of pay.
Does the entitlement also apply to part-time work?
Yes — in the case of dismissal by the employer, the entitlement is generally pro rata. With 25 regular weekly hours, the statutory minimum is five hours per week.
What if the employer rejects every appointment?
Document the request and alternatives. The entitlement must not be frustrated. If no agreement is reached, seek advice from the Chamber of Labour, a trade union, or legal counsel before unilaterally staying away.
Conclusion: Secure the entitlement actively and in writing.
Job-search days after dismissal give employees time to prepare the next professional step during a stressful transition phase. The statutory core is clear: if the employer dismisses the employee, at the employee's request at least 20 percent of the regular weekly working time must be paid leave each week.
Details still matter. Check the collective agreement, type of termination, notice period, and working hours; request the time off in writing and agree on concrete dates. In cases of voluntary resignation, mutual agreement, or fixed-term contracts, an individual assessment should be carried out before any absence.
Sources and further information
- Vienna Chamber of Labour: Employer dismissal and job-search days
- Austrian Economic Chamber: Entitlement to job-search days, as of 2026
- RIS: § 22 Salaried Employees Act
- Chamber of Labour: employee resignation and possible collective agreement rules
- Chamber of Labour Upper Austria: termination by mutual agreement
- RIS: Supreme Court ruling on searching for a position in fixed-term employment relationships
