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Termination without notice: what can I do?
If an employee is dismissed without notice, there must be a valid reason. Which misconduct is justified for termination without notice and what employees should pay attention to in the event of termination without notice.
Update coronavirus: In the event of a termination due to the current Corona crisis, you will find current information on the service of the AK and ÖGB "Job and Corona".
Current information on employers or employees terminate the employment relationship with immediate effect. There is no notice period. egg
What is a termination without notice?
Termination without notice occurs if the employer or employee terminates the employment relationship with immediate effect. There is no notice period. A termination without notice on the part of the employer is called dismissal in Austria, if the termination without notice is given by the employee, one speaks of premature departure.
Reasons for termination without notice by the employer
A dismissal without notice is only effective if there is a legal reason for dismissal. This must be so serious that continued employment - even if only for the duration of the notice period - is unreasonable. Reasons for dismissing employees are regulated in Section 27 of the Employees Act, those for workers in Section 82 of the Trade Regulations.
Reasons for dismissing employees include, for example, refusal to work, unexcused absenteeism, theft, embezzlement, undue competition, inability to provide service or personal injury.
Justified reasons for dismissal for workers could be if
- Duties are persistently violated
- the work is left unauthorized
- Company secrets are revealed
- gross insult of honor, assault are committed
- dangerous threats are issued
- criminal acts such as theft or embezzlement exist
- Alcohol addiction (if repeated unsuccessful warnings are preceded)
- they are found incapable of the work to be done
- misconduct by an employee during the Sick leave is present
The dismissal must immediatelywithout undue delay after a reason for dismissal becomes known. Otherwise it is assumed that the continuation of the employment relationship is reasonable for the employer and that dismissal is not justified despite the existence of a reason for dismissal.
The Chamber of Labor advises that every dismissal should be checked for its justification, since employees get off financially worse in the event of a dismissal than in the case of a regular dismissal by the employer.
Termination without notice by employees
If the termination without notice comes from the employee, in Austria it is from one early exit the speech. For that too serious reasons are required such as health problems or if the company does not pay the wages / salaries. The Chamber of Labor advises employees who are considering this step to have a consultation, as an unauthorized exit has many disadvantages - such as the loss of severance payments or claims for damages by the employer, which can be very high.
What am I entitled to in the event of termination without notice?
If a dismissal is pronounced without a legally tenable reason, it is an unjustified dismissal. If the dismissal is legally compliant, one speaks of a justified dismissal, with considerable financial disadvantages for the employee.
Entitlement to justified dismissal
Employees lose their severance payment, receive no unemployment benefit for 28 days and have to repay, for example, the remuneration for vacation days that are used too much. Workers mostly lose (depending on the collective agreement) vacation and Christmas bonuses, white-collar workers have a proportional entitlement to these special payments.
In addition, the employee must compensate the employer for damage that is caused by the justified dismissal. These claims for damages can be very expensive.
Entitlement in the event of unjustified dismissal
If it is an unjustified dismissal, employees receive all the rights that they would have received if they had been given notice by the employer. In this case, the employer must pay everything that the employee would have earned during the fictitious notice period - from wages / salaries to partial special payments to vacation days that arise during this period.
If the dismissal is based on an inadmissible reason, is socially undesirable or if there is no reason for dismissal at all, it can be contested. Employees must act quickly here (contact the AK's legal department), as the contestation periods are very tight.
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