Notice periods and deadlines
The notice period is the period between the announcement of the termination and the actual end of the employment relationship.
The termination date is the time on which the employment relationship is dissolved.
The relevant periods and deadlines for white-collar workers are defined by the AngG (Federal Salaried Employees Act) and for blue-collar workers subject to the GewO (Trade, Commerce and Industry Regulation Act), the periods and deadlines are covered by this Act, otherwise by the ABGB (Austrian General Civil Code), or by the applicable collective bargaining agreement and/or employment contract.
These rules apply to all citizens and entrepreneurs from EU Member States in Austria.
Specifically, this means:
Notice period in line with the Angestelltengesetz (Federal Salaried Employees Act)
- For the white-collar worker: one month
- For the employer
- In the first and second year of service: six weeks
- After the end of the second year of service: two months
- After the end of the fifth year of service: three months
- After the end of the 15th year of service: four months
- After the end of the 25th year of service: five months
The period for employees may be extended to up to half a year by way of an agreement. However, the period to be complied with by the employer must not be shorter than the notice period agreed with the employee.
Termination date in line with the Federal Salaried Employees Act
- For white-collar workers: the end of the month
- For employers: the end of the quarter
A contractual agreement for the 15th or the end of the month is permissible
Blue-collar workers subject to the GewO:
- For blue-collar workers and employers: 14 days
In contrast to the Angestelltengesetz, the 14-day notice period for blue-collar workers may be amended, even to the detriment of the blue-collar worker, in the collective bargaining agreement, in an employer/works council agreement or in an individual agreement. However, the notice period must be the same for the employer and for the employee. Many collective bargaining agreements also stipulate termination dates (e.g. at the end of the working week).
For all employees who are not subject to the Trade, Commerce and Industry Regulation Act or the Federal Salaried Employees Act or other special legislation (e.g. Journalistengesetz, Gutsangestelltengesetz, Theaterarbeitsgesetz, Landarbeitsgesetz), the ABGB (Austrian General Civil Code) stipulates the following regulations:
- Employee relationship for general services
- The remuneration is calculated based on hours or days, by piecework or individual service: notice of termination is permissible at any time for the following day
- The remuneration is calculated based on weeks or the employment relationship primarily utilises the services of the employee and lasts for longer than three months: notice of termination is permissible on the first working day for the end of the calendar week
- Employment relationship for more specialised services
- The employment relationship primarily utilises the services of the employee and has already lasted for three months: notice of termination of at least four weeks
In all other cases: notice of termination of at least 14 days.
If a notice of termination does not comply with the deadline or period requirements, i.e. the statutory (contractual) notice period or termination date has not been complied with, the employee is entitled to dismissal compensation, which must be asserted by judicial process within six months.
- Short film on the topic of "I quit!" (→ AK)German text
- Angestelltengesetz (AngG)
- Gewerbeordnung (GewO)
- Allgemeines Bürgerliches Gesetzbuch (ABGB)
- Journalistengesetz (JournG)
- Gutsangestelltengesetz (GAngG)
- Theaterarbeitsgesetz (TAG)
- Landarbeitsgesetz (LAG)
responsible for content: Federal Ministry of Labour, Family and Youth