Psychological strain at work is no longer a marginal topic – for employers it is both a legal duty and a very tangible economic factor. This article sets out what employers in Austria should know about mental health at work: what the law requires, where the duty of care goes further, and how external, confidential counselling sensibly complements internal structures.
Psychological strain at work: an underestimated factor
The figures speak clearly. Mental illness causes comparatively few individual sick-leave cases but leads to particularly long absences: according to the Austrian Absence Report 2024 (Fehlzeitenreport), the average sick-leave duration for mental illness is around 37 days – markedly higher than for other causes. It accounts for only about 2.6% of cases, but roughly 10% of all sick-leave days.
Behind these numbers are people whose strain often builds over months before it becomes visible – through ongoing stress, conflict, feeling overwhelmed or private crises that spill into work. It is precisely in this early phase that support is most effective and least costly (see also the Chamber of Labour overview of psychological strain).
The legal duty: evaluating psychological strain
In Austria the legal position is unambiguous. The Occupational Health and Safety Act (ASchG) expressly understands hazards to include „work-related physical and psychological strain that leads to over-demand“ (§ 2 para. 7). Employers are therefore obliged, as part of the workplace evaluation (§§ 4, 5 and 7 ASchG), to identify and assess not only physical but also psychological strain. Since 2013 this duty has been expressly anchored in law.
The Labour Inspectorate describes the process in four steps: planning and organisation, identifying and assessing the strain factors, documenting them in the safety and health document, and implementing measures and checking their effectiveness. The Austrian Economic Chamber also summarises the requirements for businesses concisely.
Duty of care is more than an evaluation
The evaluation identifies strain at the organisational level – in workflows, time pressure or leadership culture. That is important, but it has a limit: it does not help the individual who is currently in acute distress. Duty of care therefore means more than ticking off a legal requirement. It shows itself in whether employees, in a concrete situation, find a low-threshold, trustworthy path before pressure turns into a long absence.
Internal limits – and where external counselling comes in
Many companies have good internal structures: occupational medicine, workplace health promotion, and in larger organisations dedicated contact points. These are valuable – but they run into a typical limit: confidentiality. Anyone who fears that a conversation about stress, a conflict or a private crisis might reach their manager or HR often does not turn to an internal service at all.
This is where external, confidential employee counselling comes in. It takes place outside the company, is professionally independent, and the content of conversations is not reported back to the employer. That lowers the barrier to seeking support early – exactly when it helps most. Such external offerings do not replace the statutory evaluation; they complement it at the individual level.
What employers can concretely do
- Take the evaluation of psychological strain seriously – not as a formality, but as a starting point for real measures.
- Enable managers: they often notice warning signs first – and should know where to refer people.
- Create a low-threshold, confidential point of contact that employees can use without fear of consequences.
- Respect clear boundaries: professional counselling yes, but no remote diagnosis and no substitute for medical or therapeutic care.
- Communicate the offering visibly and without stigma – otherwise it will not be used.
Frequently asked questions
Must employers in Austria assess psychological strain?
Yes. The ASchG expressly treats work-related psychological strain as a hazard (§ 2 para. 7). Employers must identify and assess it as part of the workplace evaluation, take measures and document them – expressly in law since 2013.
Does external employee counselling replace the statutory evaluation?
No. The evaluation remains a duty at the organisational level. External, confidential counselling complements it at the individual level.
Why do employees hesitate to use internal support?
Usually out of concern for confidentiality. An external, independent option lowers that barrier because counselling takes place outside the company.
What does psychological strain cost companies?
Above all through long absences: around 37 days average sick-leave duration for mental illness (Absence Report 2024). Early support can help before strain escalates.
Conclusion
Mental health at work is, in Austria, both a legal duty and a matter of corporate responsibility. The evaluation is the prescribed first step – but it only takes effect when employees also find a concrete, confidential path to support when it matters. An external counselling offering closes precisely this gap between legal requirement and lived care.
Sources
- Labour Inspectorate – Workplace evaluation of psychological strain (legal basis ASchG, process)
- WKO – Evaluation of psychological strain at work
- WKO – Austrian Absence Report 2024 (sick-leave duration for mental illness)
- Chamber of Labour – Psychological strain at work
Note: This article offers general orientation and is not legal advice. For the concrete implementation of evaluation and employer duties, the applicable versions of the laws and qualified advice are decisive.
