Non-compete clauses & co. (AT)
In short: In Austria, a non-compete clause only takes effect under clear conditions: it is only permissible above a minimum income threshold, can generally bind you for a maximum of one year, and must not unreasonably hinder your career. A clause in the contract does not automatically mean it is enforceable — read it carefully, negotiate before signing, and ask the AK or an employment lawyer when in doubt.
The most important basic principles (Salaried Employees Act / Angestelltengesetz)
- Income threshold: A non-compete clause is only permissible above a certain minimum income at all. Below that threshold, it's invalid.
- Time limit: As a rule, it can bind you for a maximum of one year after the contract ends.
- Reasonableness: It must not unreasonably hinder your career progress (limited in scope, location and time).
- The type of termination matters: Depending on who terminates and why, the clause can lose its effect (e.g. when the employer terminates without good cause).
What this means for you
A clause in the contract does not automatically mean it's enforceable. Don't let it intimidate you — but don't underestimate it either.
Your approach
- Read the clause carefully (duration, scope, region).
- Negotiate before signing — much of it can be struck out or narrowed.
- When in doubt, ask the AK or an employment lawyer — before you sign a new contract.
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Note: general information, as of 2026, no substitute for individual legal advice.