06/27/2018 Termination by the employer vs consensual termination

Termination by the employerconsensual termination
Period for White collarsPeriod of notice depending on year of employment
(up to 2nd year: 6 weeks)
 Anytime – without any adherence to a time limit (not possible: Back dated Agreement)
Period for Blue collarsPeriod of notice referring to collective agreement, otherwise 14 days
(Please note: The periods have been adjusted in Austria – Starting 1.1.2021 the regulations for White collars will also apply for Blue collars).
Anytime – without any adherence to a time limit (not possible: Back dated Agreement)
Formal regulation Written or orally,
for evidence written form is advisable;
Particular form/regulations for protected employees (mothers, fathers, disabled persons,….)
Written or orally, written form is advisable.
Written  agreement for employees, for which “MSchG” or “VKG” (Maternity and Paternity law) has to be applied
EntitlementsEmployee is entitled to current salary and special payments until the day of actual ending of employment Employee is entitled to current salary and special payments until the day of actual ending of employment
Entitlement to annual leave paymentsEntitlement to annual leave payments
Legal severance payment Yes Yes
Compensation for terminationYes, if termination was not on due date (the so called “Kündigungsentschädigung”)No
Notification of Workers council  1 week before Termination Upon employee’s request – waiting period of 2 working days
Termination fee („Auflösungsabgabe“) Yes
(Please note: Starting 01.01.2020 this fee will not apply anymore)
Yes, except requirements for pension are met
(Please note: Starting 01.01.2020 this fee will not apply anymore)
Termination during pregnancy Dismissal protection for pregnant employees: with beginning of pregnancy until 4 months after birth resp. 4 weeks after the end of maternity leave (if applicable)Possible during pregnancy, but only in written form
Termination during sickness leave Termination of employer has to be received by employee. Entitlement of continued remuneration beyond the legal end of employment until the end of sickness or full use of entitlement.Change with July 1st, 2018: continued remuneration beyond end of employment until the end of sickness or full use of entitlement.

 

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