Mitschrift

Termination of employment

An employment relationship can end in several ways. When and how the employment relationship ends will determine the claims you can make. The reasons why notice periods are important and what else you should pay attention to is what I will explain to you in this Start-Wien video.

End of employment and severance pay

How can an employment relationship end? Employment can end for a variety of reasons:

because of expiration of time - in case of a fixed-term contract

by termination of the employer

by termination of the employee

by an amicable termination

by dismissal

by the early resignation of the employee

or by retirement

Notice of termination may be given verbally or in writing. You enjoy protection against dismissal during maternity leave, parental leave or as a member of the works council. When giving notice of termination, you must comply with a notice period and a termination date. The notice period is the period between termination and end of the employment relationship. The termination date is the date in which work actually ends - e.g. at the end of the pay week or the last day of the month.

Termination by the employer and termination by mutual consent

If the notice of termination is given verbally by you or your company, it is best to record this in writing as well. The notice period is usually one month, but can also be longer. If the notice period is 1 month, the notice must be given by the last day of the previous month or delivered by registered mail. In case of employer's notice, you are entitled to “Postensuchetage”, days to search for a new job. In this case, the company must give you time to look for work until the termination date. If you give notice yourself, deadlines also apply. If the notice period is one month according to your contract, you must inform the company no later than the last day of the previous month - preferably in writing. You are not entitled to unemployment benefits for the first 4 weeks after giving notice, but you are still covered by health insurance for 6 weeks. Attention. If you do not meet the deadline yourself and, for example, do not show up for work, you may lose claims and might even have to pay damages. In the case of a mutually agreed termination, both parties must agree to the termination of the employment relationship. There are no deadlines and dates here.

Self-resignation, early resignation and dismissal

Early resignation is when you terminate the employment relationship with immediate effect. There must be a valid reason for this - e.g. if the work is harmful to your health or the company does not pay a salary. If necessary, you can take your claims to court. A dismissal is the termination of the employment relationship by the employer without notice. Possible reasons for dismissal are refusal to work, theft or embezzlement. If the dismissal was justified, you will not receive any special payments and will be blocked from unemployment benefits for 4 weeks. If your employment relationship ends in a dispute, the labor and social court is responsible. The Arbeiterkammer represents its members in court, partly free of charge.

My tip: Keep written records of working hours, vacation days and overtime. The more witnesses and evidence you have and can present later, the better your chances are of winning if there is a dispute with your employer.

Looking for a job at AMS and pension

Anyone looking for a job can register with the Public Employment Service, the AMS. AMS services include:

Help in finding a job

Courses and further education

Unemployment benefits and unemployment assistance

Unemployment benefits are paid to anyone who has been insured against unemployment for at least 52 weeks in Austria in the last two years. The amount of the benefit is about half of the net income. Those who receive unemployment benefits are covered by health, accident and pension insurance. Attention: Anyone claiming benefits from the AMS must be unemployed, able and willing to work, and must reside in Austria. Career changes are part of the modern working world. People ages 60 - 65 who have earned enough insurance months in the country are entitled to an old-age pension. You can get more information about the amount and conditions of your pension from the Arbeiterkammer Wien (Vienna Chamber of Labor) or from your pension account.