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> GOVERNANCE - home > Employment protection legislation database - EPLex > Austria

Austria - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - Austria - 2016    

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Notification to the worker to be dismissed: no specific form required

Remarks:
  • No specific form required in the legislation.

Notice period:
Remarks:
  • - White-collar workers:
    Sec. 20 (2) White-collar Employees Act:
    The notice period is 6 weeks which increases with the length of service (2 months after 2 years of service, 3 months after 5 years, 4 months after 15 years and 5 months after 25 years).

    - Blue-collar workers:
    The notice period is 14 days in the absence of any other arrangement: sec. 77 Commerce Regulations (for industrial workers).

    - See also: sec. 1159 and 1159b CC: minimum 14-day notice unless the employee is paid on a daily basis or by piece-rate, in which case only one day's notice needs to be given.
    • tenure ≥ 6 months
      • white-collar workers - 6 week(s).
      • blue-collar workers - 14 day(s).
      • workers paid on a daily basis or by piece-rate - 1 day(s).
    • tenure ≥ 9 months
      • white-collar workers - 6 week(s).
      • blue-collar workers - 14 day(s).
      • workers paid on a daily basis or by piece-rate - 1 day(s).
    • tenure ≥ 2 years
      • white-collar workers - 2 month(s).
      • blue-collar workers - 14 day(s).
      • workers paid on a daily basis or by piece-rate - 1 day(s).
    • tenure ≥ 4 years
      • white-collar workers - 2 month(s).
      • blue-collar workers - 14 day(s).
      • workers paid on a daily basis or by piece-rate - 1 day(s).
    • tenure ≥ 5 years
      • white-collar workers - 3 month(s).
      • blue-collar workers - 14 day(s).
      • workers paid on a daily basis or by piece-rate - 1 day(s).
    • tenure ≥ 10 years
      • white-collar workers - 3 month(s).
      • blue-collar workers - 14 day(s).
      • workers paid on a daily basis or by piece-rate - 1 day(s).
    • tenure ≥ 20 years
      • white-collar workers - 4 month(s).
      • blue-collar workers - 14 day(s).
      • workers paid on a daily basis or by piece-rate - 1 day(s).

    Pay in lieu of notice: No

    Remarks:
    • No statutory provision.
      ILO country profile - termination of employment - on Austria: In current court practice, when the mandatory notice period is not respected, the dismissal is treated as an "unfounded premature dismissal" and the employee is entitled to wages he would have received had the regular notice period been respected.

    Notification to the public administration: No

    Notification to workers' representatives: Yes

    Remarks:
    • Sec. 105 (2) WCA
      Prior notification to and consultation with the works council, which has 5 days to react. Whether or not the council has objected to the dismissal or has dealt with the case on time affects the possibilities to lodge an appeal, but does not prevent the dismissal from taking effects.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No