From January 2026, Austria is introducing new protections for freelance workers known as “freie Dienstnehmer”. Here’s what you need to know.
Austria will introduce stronger employment protections for freelance contract workers—known as freie Dienstnehmer—from January 1st, 2026. The reforms aim to close legal gaps and reduce the misuse of freelance contracts as a workaround to full employment obligations.
According to the Ministry of Social and Labour Affairs, the changes include new notice periods, access to collective agreements (the sector-specific rules negotiated by workers’ unions to set a standard for a group’s rights and duties), and clearer termination rules for future contracts.
The move comes after a series of high-profile cases, including food delivery company Lieferando’s controversial decision to shift employees to freelance contracts, sparking criticism over weakened worker protections.
READ ALSO: How to survive as a freelancer in Austria
Who are “freie Dienstnehmer”?
The term freier Dienstnehmer refers to a specific legal category of worker in Austria that sits between a fully self-employed person and a traditional employee. These freelance employees:
- Work in person (not sub-contracted via an agency), but with limited personal dependence on the client
- Are not bound by strict instructions or working hours
- Usually use the equipment provided by the client
- Are paid for time worked rather than for delivering a specific result
Although they are covered by social insurance (ÖGK) and are members of the Chamber of Labour (Arbeiterkammer), they currently enjoy only limited rights under Austrian labour law. Without a specific agreement, they are not entitled to holiday pay, sick leave compensation, or protections under collective wage agreements.
READ ALSO: EXPLAINED: How freelancers in Austria can pay four times less in social insurance
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What changes in 2026?
The new legal framework applies to freier Dienstverträge (freelance contracts) concluded from January 1st, 2026 onward. Key changes include:
- Notice periods: A four-week notice period will apply from the start. After the second year of a contract, this increases to six weeks.
- Probation month: During the first month, either party can end the contract at any time.
- Fixed notice dates: Termination must occur either on the 15th of the month or at the end of the month.
- No waiver clauses: These rights cannot be waived or overridden by contract—only improved upon in favour of the freelancer.
- Access to collective agreements: For the first time, arbeitnehmerähnliche (employee-like) freelancers may be included in collective bargaining agreements. This opens the door to minimum wage guarantees, regulated working conditions and sector-specific protections.
READ ALSO: What I wish I knew before becoming ‘new self-employed’ in Austria
What doesn’t change?
The reforms only apply to new contracts from 2026 onwards. Existing freelance service contracts with their own termination clauses are unaffected.
Freelancers will still not be automatically entitled to holiday pay, bonuses, or the benefits of traditional employee status unless blockly covered in a collective agreement. These rights may still vary depending on the specific structure of each contract.
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Why is this happening now?
Austria’s labour ministry said that recent public debates have highlighted the need for minimum standards for freie Dienstnehmer, particularly in industries where these contracts are common but working conditions are precarious. “The new framework is a step toward fairer working conditions,” Labour Minister Korinna Schumann (SPÖ) said in a radio interview announcing the changes, as reported by ORF.
READ ALSO: Everything you need to know about becoming a freelancer in Austria
The Austrian Chamber of Labour welcomed the move as “an important step” toward closing loopholes in employment law. The reforms are also intended to make it less attractive for companies to rely on freelance contracts as a means of avoiding full employment obligations.
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What should freelancers do?
If you work in Austria under a freier Dienstvertrag, check whether your current contract will still apply in 2026. If you’re negotiating a new one, be aware that the updated rules will give you stronger protections, but only if the contract starts after January 1st, 2026.
For questions, your local Arbeiterkammer (AK), the Chamber of Labour, can provide legal advice and blockistance. Freelancers may also want to monitor if their sector is covered by a collective agreement in the future—something that could improve both pay and working conditions.
