Dismissal of Austrian Employees
Dismissal of Austrian EmployeesUpdated on Sunday 21st January 2018
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The dismissal of Austrian employees takes place as per the Employment Law. Both parties may terminate an open-ended employment contract by observing the agreed notice period and without necessarily giving a reason for the interruption of the employment.
Our lawyers in Austria highlight the main aspects of employee dismissal in the country and the employee’s rights.
Grounds for employment termination in Austria
Most employment contracts in Austria have an open-end termination date, meaning that they are concluded for an indefinite period of time. In this case, the agreement should end upon the employees’ retirement or death. Otherwise, the following are common grounds for dismissal in Austria:
- consensual employment termination;
- notice of termination without cause, forwarded by either of the two parties;
- collective dismissals;
- summary dismissal, also known as the immediate termination without notice.
The summary dismissal includes those situations in which the collaboration between the parties is impossible. Examples include breaches of non-compete clauses, disobedience on the part of the employee, disloyalty on the part of the employee or if the work environment becomes inappropriate for employment.
Another ground for termination is when the probationary employment agreement has reached its end. In general, this has a duration of one month and the employer or the employee are both entitled not to continue the collaboration after its termination date.
One of the experts at our law firm in Austria can give you additional information on collective or individual dismissals.
The protection of the employee
When the employment contract is terminated by the employer, the employee is entitled to a severance payment, calculated according to seniority. Some categories of workers are protected against dismissal, including women who have given birth, parents who are on parental leave or disabled employees. One of our attorneys in Austria can give you additional information on the existing classes of vulnerable employees.
You can contact our law firm in Austria if you have any questions about the employment regime in the country or possibly the employment of foreign workers.