Termination of the employment relationship in Upper Austrian state service

Termination of the employment relationship in Upper Austrian state service

Employees according to the Oö. Landes-Vertragsbedienstetengesetz 1993 [Upper Austrian State Contract Employee Act] or the Oö. Landesbeamtengesetz 1993 [Upper Austrian State Public Officials Act]

No information available.

No information available.

State of Upper Austria, Directorate for Human Resources

No information available.

No information available.

Termination letter, statement of resignation, agreement on a consensual termination, notification

No information available.

No information available.

Contract employees

Employment relationships require an activity to come to an end, unless in case of fixed-term employment relationships which end upon expiry of such fixed period. Contract employees have the following options of terminating their employment relationship:

• consensual termination;
• admission of contract employees in an employment relationship under public law (granting civil service status);
• termination (by the employer or employee);
• early dissolution (dismissal, retirement);
• loss of office (prison sentence);
• expiry of the fixed-term employment relationship;
• after inability to work for one year due to illness or accidents;
• upon expiry of the month in which the 65^th year of life is completed;
• by establishing an unlimited employment relationship with a State (Municipality of Vienna) as a judge of an administration court;
• early dismissal of executives pursuant to the Oö. Objektivierungsgesetz [Upper Austrian Objectification Act] whose employment relationship is not already unlimited.
• death.

The most important forms for ending employment relationships are explained briefly below:

a) Termination

Employment relationships which are a continuing obligation may only come to an end based on a separate activity. In case of a termination, the employment relationship can be ended by complying with a certain period (notice period), when one of the two parties makes an unilateral declaration of in-tent which requires a receipt.

Employers may only terminate employment relationships which lasted for one year, without interruptions, in writing and by stating a reason. A reason entitling the employer to a termination (unless a dismissal might apply), shall be deemed to apply, in particular:

• in case of a serious violation of the official duty;
• in case of a mental or physical unfitness;
• if the adequate and generally achievable success of the work is not achieved, despite a warning;
• in case an examination or advanced training agreed upon in the employment contract is not passed or taken successfully in due time;
• if the contract employee becomes unable to act;
• if the current or former conduct of the contract employee is disadvantageous to the reputation or interests of the post;
• if any change of the work load, the organisation of the office or the work conditions require a termination, unless the termination would end the employment relationship at a time when the contract employee has celebrated their 50^th birthday or has already worked in this employment relationship for 10 years;
• if the contract employee has reached the age prescribed by the statutory pension insurance as the age for receiving benefits from old-age pension.

Contract employees may terminate the employment relationship without providing reasons. 

No termination applies usually for fixed-term employment relationships; however, if the employment relationship was concluded for longer than three years or if the person was hired as substitute and if reasons for a termination were explicitly agreed upon, both the employer and the contract employee may terminate a fixed-term employment relationship by invoking an agreed reason for the termination.

The notice period shall be 1 week to 5 months for both parties, depending on the duration of the employment relationship. The notice period shall not apply if the employee terminates the employment relationship directly after a leave of absence under the MSchG [Maternity Protection Act] or the VKG [Father’s Leave Act] or any leave of absence for care of a child, insofar as they provide the termination to the employer two months before the end of such leave of absence

b) Dismissal

A dismissal is the premature cancellation of an employment relationship by the employment without any notice period as a consequence of an important reason.
A reason for dismissal in particular applies:

• if it is determined that the employment relationship was obtained by deception, based on untrue information, invalid certificates or by concealing circumstances;
• in case a specifically serious violation of the official duty is committed or in case of any activity or omission which make the contract employee seem unworthy of the employer’s trust (e.g. serious violations of the honour against superiors or co-workers, receipt of benefits from third persons in connection with their official activity, etc.);
• if contract employees materially neglect their employment duties or fail to perform such duties without an important reason during a period that is substantial given the circumstances; if contract employees refuse to perform their duties properly or do not follow work instructions by their superiors; if contract employees engage in secondary employment that is not in line with principles of morality or which prevents them from fully or accurately performing their duties and if they do not give up such employment despite a request to do so; if contract employees fraudulently obtain or misuse a sick certificate.

c) Consensual termination

The employment relationship may also come to an end based on a consensual agreement between the employer and contract employee. In the event of consensual termination of the employment relationship, there are no notice periods stipulated by law.

d) Resignation

If the contract employee cancels the relationship prematurely, they resign.
Background of such a cancellation is that an important reason exists which makes the continuation of the employment relationship unreasonable even for the period of a notice period which would otherwise need to be complied with or for the remaining term of a fixed-term employment relationship. An important reason entitling the contract employee to a premature cancellation of the employment relationship (resignation), shall be deemed to apply, in particular, if they become unable to perform the service or cannot continue the service without damage to their health.

Public officials

Since public officials fulfil an employment relationship under public law for life, they are subject to independent, restricted options for ending it. A public official may end the employment relationship by:

• being taken over to a contractual employment relationship with the state of Upper Austria, unless the contents of which is a secondary occupation;
• resignation,
• establishment of an employment relationship under public law in a different regional authority;
• dismissal (due to lack of work success or as a disciplinary measure);
• removal from office (high sentence imposed by an Austrian court);
• loss of Austrian citizenship or loss of citizenship in a country to whose citizens Austria must granted the same rights, based on the Treaty on the European Economic Area (EEA);
• death.

No information available.

For laws and regulations, please refer to the Rechtsinformationssystem [Legal Information System] (RIS)

EAP - Point of Single Contact Upper Austria
eap@ooe.gv.at

No form required.

Responsible for the content: Abteilung Personal
Last update: 27.05.2021