Access to Austrian employment law is dependent on whether an individual can be regarded as an ‘employee’. Essentially, the idiosyncratic protection provided by employment law is awarded based on a binary option: the subordinate ‘employee’ in contrast to the self-employed person. Intermediary categories – such as the ‘quasi-subordinate’ status – are mere exceptions, although with increasing importance.

Austrian law does not provide a given notion of the ‘employee’. The Austrian Civil Code came into force in 1812, when special protection for employees was not considered necessary.