Employment law · Austria
Find a sick leave lawyer in Austria for your employment dispute
Illness should not put your job, your pay or your peace of mind at risk. Tell us what happened and we match you with an Austrian lawyer who handles sick leave, dismissal and pay disputes.
- Employment law specialists, not generalists
- Bar-admitted Rechtsanwälte across Austria
- Free matching, no obligation to instruct
Matching is free of charge and does not commit you to anything.
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Tell us about your situation and receive a free, confidential case review.
Why this matters
Sick leave that turns into a legal problem
Sick leave can look simple on paper: you are ill, you stay home, you recover. In practice it often turns into a dispute about pay, about dismissal, about medical records or about returning to work — and Austrian employment matters move quickly. If your employer contests your absence, ends your contract while you are unwell, or refuses to treat your incapacity as justified, you need advice before you answer emails or sign anything. A sick leave lawyer in Austria can review your contract, the timelines that apply to your case and the remedies available before a court. Through our free matching service you describe your situation once, and we connect you with an Austrian employment lawyer who handles exactly this kind of matter.
Austria in practice
How sick leave disputes work in the Austrian legal system
Austria is a civil-law country whose core private law is codified in the General Civil Code (ABGB) of 1811, still in force today. Employment claims are dealt with by the ordinary courts, and court decisions — especially of the Supreme Court — guide how the law is applied uniformly, even though Austria is not a precedent system.
Where these cases are heard
Ordinary courts in Austria are organised in four tiers: 113 district courts, 20 regional courts, four higher regional courts and the Supreme Court (Oberster Gerichtshof) in Vienna. Smaller civil matters begin at district level, larger ones at a regional court, while labour matters are concentrated at the Labour and Social Court (Arbeits- und Sozialgericht) in Vienna. Supreme Court decisions guide uniform interpretation, although Austria is not a precedent system.
Do you need a lawyer for your case?
In civil litigation, representation by a lawyer is mandatory (absolute Anwaltspflicht) before the regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000. Below that threshold you may appear in person. A Rechtsanwalt may appear before all courts and authorities in Austria, so instructing one early helps you avoid procedural mistakes.
Short deadlines in employment disputes
Employment matters are time-sensitive. A dismissal you wish to challenge must be contested within two weeks — a window that runs quickly and rarely allows time to negotiate informally first. Other claims follow different periods: general contractual claims can be pursued for 30 years, damages claims for three years, and recurring payments such as arrears for three years.
The language of the proceedings
Court proceedings in Austria are conducted in German, and documents in other languages generally need to be translated for the file. Working with a Rechtsanwalt who is fluent in German and used to dealing with employers, works councils and courts removes that obstacle, and lets you explain your situation in the language you are comfortable with.
Court fees, lawyers’ fees and who pays
Court fees under the Court Fees Act (GGG) are normally payable when a claim is filed and are calculated as a staggered percentage of the value in dispute. As a general rule, the losing party bears the court fees and reimburses the winning party’s costs. Lawyers’ fees follow the Lawyers’ Tariff Act (RATG), although hourly billing or other arrangements agreed in writing are permitted.
Legal aid and access to a lawyer
If you cannot meet the costs of proceedings without impairing the maintenance of yourself and your family, the court may grant legal aid (Verfahrenshilfe) on application, provided the case is not frivolous or without prospect of success. It covers exemption from court fees and, where a lawyer is required, the free provision of one. It must be repaid if your financial situation improves.
Key time limit — Employment Law
Employment dismissal challenge — 2 weeks. A dismissal you wish to contest must be challenged within this very short window.
The country information on this page comes from official Austrian bodies (RIS, oesterreich.gv.at, justiz.gv.at, ÖRAK) and the European e-Justice Portal, last reviewed in 2025.
- European e-Justice Portal — National justice systems: Austria
- Austrian court organisation (oesterreich.gv.at)
- Rechtsanwaltsordnung (RAO) — admission and Bar membership (RIS)
- Österreichischer Rechtsanwaltskammertag — structures and facts
- Section 27 ZPO — mandatory lawyer representation (RIS)
- Legal aid (Verfahrenshilfe) — Austrian Ministry of Justice
- Section 105 — challenge to dismissal (RIS)
- Section 1478 ABGB — limitation period for contractual claims (RIS)
Typical situations
When people contact us about sick leave
These are the three situations clients most often describe before they are matched with an Austrian employment lawyer.
Dismissed while you were ill
You were on sick leave when your employer ended the contract, or you returned to find your position changed. Austrian law sets a very short window for challenging a dismissal, so the first days matter.
Pay withheld during your absence
Your employer disputes your incapacity, asks for medical evidence you were not told about, or withholds pay for the days you were off. You want to know what your contract and Austrian employment law require.
Pressure to return or to resign
You are contacted repeatedly during your recovery or asked to sign an agreement ending the employment. Nothing has to be signed on the spot; a lawyer can review the document before you respond.
How we help
Matching you with the right Austrian lawyer
We are not a law firm. We compare your situation with lawyers who actually handle sick leave and employment disputes in Austria.
Specialists in employment law
We match you with Austrian lawyers who work on sick leave, dismissal and pay disputes rather than general practitioners of law. They know how the district and regional courts and the Labour and Social Court in Vienna operate in practice.
Bar-admitted Rechtsanwälte
Every lawyer we work with is entered in the list of Rechtsanwälte kept by an Austrian regional Bar association (Rechtsanwaltskammer), which requires a four-year law degree, five years of practical training, the bar examination and mandatory liability insurance.
Clear costs from the start
Austrian lawyers’ fees follow the Lawyers’ Tariff Act (RATG) or a written agreement, including hourly rates. You learn how fees are calculated, who bears the costs if the case reaches court, and whether legal aid may be available.
One enquiry, no obligation
You describe what happened once. We compare your situation with the lawyers available, and you decide whether to instruct someone. Matching costs nothing, and there is no pressure to proceed if you prefer to wait.
Across Europe
Sick leave and employment disputes elsewhere
Employment rules, sick pay and dismissal protection differ from country to country. If your contract, your employer or your place of work is outside Austria, we can also look for a lawyer in the following jurisdictions.
Questions and answers
Sick leave in Austria: what clients ask
Do I need a sick leave lawyer in Austria if my employer has not dismissed me?
Not always, but advice is worth considering when pay, medical records or your return to work are disputed. In civil litigation you must be represented by a lawyer before the regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000, so professional representation is often required anyway.
How quickly must I act if I was dismissed while on sick leave?
A dismissal you want to challenge must be contested within two weeks. That is a very short period and it starts running when the dismissal reaches you, so it is far better to have a lawyer review the notice immediately than to discover afterwards that the window has closed.
Which court hears employment disputes in Austria?
Ordinary courts are organised in four tiers: 113 district courts, 20 regional courts, four higher regional courts and the Supreme Court (Oberster Gerichtshof) in Vienna. Smaller matters start before the district court, larger ones before the regional court, and labour matters are concentrated at the Labour and Social Court in Vienna.
How much does an Austrian employment lawyer cost?
Fees are governed by the Lawyers’ Tariff Act (RATG), typically scaled to the value in dispute, or charged hourly for out-of-court work, and you and your lawyer may agree different terms in writing. If a case goes to court, the losing party generally bears the court fees and reimburses the winning party’s costs.
Can I get legal aid for an employment case?
Legal aid (Verfahrenshilfe) may be granted by the court on application if paying for the proceedings would impair the maintenance of you and your family and the case is not frivolous or without prospect of success. It covers exemption from court fees and, where a lawyer is required, the free provision of one.
Will my case be handled in German?
Court proceedings and files in Austria are in German, and documents in other languages generally have to be translated. The lawyers we match you with work in German with employers, works councils and the courts, and can explain each step to you in English as the case develops.
Next step
Tell us what happened and get matched
Describe your sick leave situation in a few lines — what your employer did, when it happened and what you want to clarify. We will match you with an Austrian lawyer who handles employment disputes, free of charge and without obligation.