Can my employer dismiss me in Austria?
Yes — the employer may dismiss you, but must observe notice periods and dates. Under the Salaried Employees Act, the notice period scales with seniority: 6 weeks (up to 2 years), 2 months (after 2), 3 months (after 5), 4 months (after 15) and 5 months (after 25 years). Dismissal is generally to a quarter-end (31 Mar / 30 Jun / 30 Sep / 31 Dec), unless the contract or collective agreement also allows the 15th or last of a month. These minimum periods are mandatory. Since 1 October 2021 the same periods also apply to manual workers. In short: yes, but only with the correct notice and date.
📋 The rules
- Notice 6 weeks to 5 months by service
- Dismissal usually to a quarter-end
- Minimum periods are mandatory
- Since Oct 2021 same periods for manual workers
- Your own resignation: usually 1 month to month-end
🔓 Exceptions
- Some collective agreements (e.g. seasonal) keep their own rules
- Special protection: pregnant staff, leave, works council, disability
- A socially unjustified dismissal can be challenged
⚠️ Penalties & fines
A dismissal that ignores the notice period or date isn't automatically void, but entitles you to compensation (Kündigungsentschädigung) — the pay you'd have earned through the proper notice. A challenge (e.g. for social unfairness) must be filed quickly, usually within 2 weeks via the works council. Beware a myth: "manual workers can be let go with a few days' notice" is false since 1 October 2021 — workers now have the same notice periods as salaried staff. Tip: have a dismissal checked by the Chamber of Labour at once — the deadlines to challenge are short.
📎 Official sources
❓ Frequently asked
What notice period does the employer have?
The period scales with the length of the employment: six weeks up to two completed years, then two months, three months after five years, four months after fifteen years and five months after twenty-five years. These minimum periods are mandatory.
When does the employment end?
The employer generally dismisses to the end of a calendar quarter, that is 31 March, 30 June, 30 September or 31 December. Only if the contract or collective agreement provides for it can dismissal also be to the 15th or the last of a month.
Do the same periods apply to manual workers?
Since 1 October 2021 yes. The former short notice periods for manual workers were abolished; they now have the same periods and dates as salaried staff. Individual collective agreements, especially in seasonal branches, may keep different rules.
Can I challenge the dismissal?
A socially unjustified dismissal can be challenged at the labour and social court, especially in workplaces with a works council. The deadlines are very short, usually two weeks from notice. So seek advice from the Chamber of Labour or works council quickly.
What is dismissal compensation?
If the employer doesn't keep the notice period or date, you are entitled to dismissal compensation. That is the pay you'd have earned through the proper notice up to the correct end date. The dismissal itself usually remains effective, however.
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