There are several ways to termination of employment. The works in this regard by the Labour Relations Act (labor relations) are granted participation rights. The shape of the service contract termination has economic consequences in each case.
Fixed-term contract
The appointment may be terminated by time. Depending on contract length, a severance pay entitlement will be created, unemployment benefits are due from end of contract (if the contract was concluded for at least 6 months) and , the placement of the AMS immediately claimed. In the event of an imminent unemployment can be acquired at AMS already register early.
Consensual termination of that relationship
The appointment may be terminated by mutual consent in solution and is a two-sided transaction, ie, both sides must contribute the same amount so that it can legally take place.
The Labour offers a written submission to " amicable resolution " .
I, the Employees may request prior to the agreement in a mutually agreed termination of employment a consultation with the works (over severance benefits, vacation consumption, etc.). This desire is to bring evidence to the attention of management. Within two working days following this request, a friendly solution to be agreed no effect.
If a page a rather ineffective act is set, this law is ineffective in writing within 1 week before the courts of the Board and within 3 months of the Labour and Social Court.
, if there is the consensual solution, including a Handling claims made by the employee by law or be negotiated individually.
following the employment unemployment, legal fees under certain conditions unemployment benefits and job placement from the first day ( AMS ).
termination by the employer /
Already in the turnover intentions will be reported to the council and this has the right to advice and comments within 5 working days. Only after this period, the management of an employer's notice is given legal effect be.
has objected to the works of turnover intentions explicitly, he may appeal the termination at the request about the service user / in appropriate in the presence of reasons (see ArbVG § 105 (3)) of the Labour and Social Court - the deadline for this is 1 week.
is only when the council's request about the service user / failed in expired and the appeal period for the works council, the / the employee him / herself to challenge the dismissal in court.
In an employer termination, notice to employees in the law or contract staff Law prescribed period of notice for both parties. Following consider the case of unemployment, the charge under certain legal conditions unemployment benefits and job placement from the first day.
AMS: Benefits
In many Austrian companies in recent years introduced an early warning notice and means of operating agreement protected that councils will have enough time for preparation and negotiation of social plans.
termination by the employee /
in the case of "self-termination" is a prior consultation with the council agreed, notice period and severance can be negotiated individually. In his notice of charge in case of following the employment unemployment unemployment benefits and job placement only after a waiting period imposed by the AMS of 4 weeks.
AMS: Benefits in his notice
dismissal
A dismissal is the immediate termination of employment by the from the employer in an important reason. Is there a reason for dismissal is present, the dismissal is justified. If there is no reason for dismissal, the dismissal was made without authorization.
end principle, however, any dismissal - whether justified or unjustified - the employment relationship immediately on the date on which they receive at the employee in writing or orally. AK.Portal
I, the farmer has his / her duty to inform the council of any dismissal of a / an employee / in immediately and within 3 working days after the agreement at the request of the works with the dismissal of advice (ArbVG § 106).
Has not the works within the three-day period expressly agreed to the dismissal, it can be appealed at the Labour and Social Court, when a ground for rescission under § 105 para 3 ArbVG present and the / affected employees has set no cause for dismissal.
If the dismissal is legally effective, the period of embargo by the AMS at least 4 weeks. It may be longer and thus fail the receipt of unemployment benefits altogether.
drafters: BRAK-UG
Sources:
ArbVG
Labour
Link Directory on Labour
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