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Work · Austria
Updated September 2026

💰 Am I owed severance pay, and who enforces it?

Direct answer

Whether you are owed severance depends on the country, the reason for dismissal and your length of service — a legal minimum in many countries, a collective agreement in others, and sometimes only what you negotiate. What is common everywhere: get the calculation in writing, do not sign a waiver, and check before the deadline. ÖGB — Gewerkschaft (oegb.at) knows the collective agreement and calculates for members; Arbeits- und Sozialgericht (justiz.gv.at) enforces an unpaid severance like unpaid wages; Bezirksgericht — Amtstag / Verfahrenshilfe (justiz.gv.at) gives free advice if you are not a member.

Call firstÖGB — Gewerkschaft
Report toArbeits- und Sozialgericht
If that failsBezirksgericht — Amtstag / Verfahrenshilfe

🗣️ What to say

"My employment ended on [date] after [years] of service by [dismissal / redundancy]. Under [law / collective agreement] I am entitled to severance of [amount / formula]. Please pay it with the final salary and send the calculation in writing."

🪜 Step by step

  1. Find the basisLaw, collective agreement or contract. ÖGB — Gewerkschaft tells you in one call which applies and the formula.
  2. Ask for the calculationYears of service, salary basis, any caps. Errors are common — in the employer's favour.
  3. Do not sign a waiverA settlement can include severance; a "final settlement" form can waive it. Read before signing.
  4. Unpaid: Arbeits- und SozialgerichtPayment order or labour court, like unpaid wages. Short deadlines after the end of employment.
  5. Tax and benefitSeverance may be taxed favourably and may delay unemployment benefit; ask before you agree the timing.

📇 All contacts

ÖGB — GewerkschaftAdvice, legal protection for membersFor collective-agreement questions🔗 www.oegb.at
Arbeits- und SozialgerichtContesting dismissal (2 weeks!), wage claimsWithin 2 weeks of the dismissal🔗 www.justiz.gv.at
Bezirksgericht — Amtstag / VerfahrenshilfeFree legal information on court open days, legal aidWhen you cannot afford a lawyer🔗 www.justiz.gv.at/service/verfahrenshilfe
Arbeiterkammer (AK)Free legal advice and representation for every employeeRight away — the AK sues on your behalf📞 0800 22 12 00🔗 www.arbeiterkammer.at/beratung/arbeitundrecht

❓ Frequently asked

I was on a fixed-term contract

End of a fixed term is not a dismissal, but some countries pay a fixed-term premium or end-of-contract indemnity. Ask ÖGB — Gewerkschaft.

They say I was dismissed for misconduct

Serious misconduct removes severance in many countries — which is why employers allege it. Contest the ground; see the dismissal page.

Redundancy: is there a minimum?

In most countries yes, by years of service; collective agreements often add more, and a social plan more still.

📎 Sources

Last checked: 2026-09-26

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🧭 Is this still correct?

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