Types of termination of an employment relationship
An employment relationship may be terminated in the following ways:
- Termination during the probationary period
- Dissolution by mutual agreement
- Notice of termination
- Dismissal
- Resignation
- Expiration
- Death of the employee
In general, employees are entitled to the following in the event of termination:
- Redundancy payment
- Employment papers and payment of outstanding fees
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A notice of termination is the orderly dissolution of a permanent employment relationship. With the exception of certain legally and contractually agreed restrictions, the employee and employer can freely decide to end the employment relationship in compliance with certain deadlines and periods. A notice of termination does not require any special reasons or the consent of the other contracting party. The notice period as well as the period to appeal the termination starts to run upon the lawful receipt of the notice of termination.
The notice of termination of an employment relationship is essentially not bound to a specific form, it may take place
- orally
- in writing or
- implicitly (e.g. handover of the completed employment papers by the employer).
If a law or a collective bargaining agreement requires a written notice of termination, the notice of termination is unlawful if the specified written form is not observed.
Please note
After the receipt of the notice of termination, the notice of termination can only be withdrawn or converted to a dissolution by mutual agreement by way of mutual consent.
Further links
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Not all of our contents and services are available in English yet. We ask for your understanding and like to assure that we are steadily working on extending our English offer.
Sorry, this content isn't available in English yet.
Not all of our contents and services are available in English yet. We ask for your understanding and like to assure that we are steadily working on extending our English offer.
Sorry, this content isn't available in English yet.
Not all of our contents and services are available in English yet. We ask for your understanding and like to assure that we are steadily working on extending our English offer.
Sorry, this content isn't available in English yet.
Not all of our contents and services are available in English yet. We ask for your understanding and like to assure that we are steadily working on extending our English offer.
Legal bases
- Section 1162 Allgemeines bürgerliches Gesetzbuch (ABGB)
- Angestelltengesetz (AngG)
- Gewerbeordnung (GewO)
Further links
- Federal Ministry of Justice
- Federal Ministry of Labour and Economy
