Ending Employment Relationships

Employment relationships may end by dismissal, termination, consensual termination, resignation or expiry of time.

Employees under the Oö. Gemeindebedienstetengesetz 2001 [Upper Austrian Municipal Employees Act of 2001], Oö. Gemeinde-Dienstrechts- und Gehaltsgesetz 2002 [Upper Austrian Municipal Employment Right and Remuneration Act of 2002] or Oö. Statutargemeinden-Bedienstetengesetz 2002 [Upper Austrian Act on Statutory Municipalities Employees]

The notice period for both parties is, after a term of the employment relationship of

less than 6 months 1 week;

6 months 2 weeks;

1 year 1 month;

2 years 2 months;

5 years 3 months;

10 years 4 months;

15 years 5 months.

The principle of immediacy shall apply, in addition, to terminations and dismissals.

No information available.

Municipalities, municipal associations and statutory cities.

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.

The procedure for ending them is different, depending on the type of such activity.

No information available.

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

Employees are generally not subject to a special requirement as to form, but written form is recommended.

Employers must always end employment relationships in writing; terminations by employers must always be made in writing and by stating a reason, if the employment relationship was concluded for an indefinite period of time and lasted for one year without interruptions.

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.

The most important forms for ending employment relationships for contract employees are:

• Termination
• Dismissal
• Consensual termination
• Resignation

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 intent 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.

The contract employee may also terminate the employment relationship orally without stating 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 Mutterschutzgesetz [Maternity Protection Act] or the Väterkarenzgesetz [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

“Dismissal” means that the employer declares the premature cancellation of an employment relationship as a consequence of an important reason.

An important reason entitling the employer to a premature cancellation of the employment relationship (dismissal) shall be deemed to apply, in particular:

• if it is determined that the employment relationship was obtained by deception, based on untrue information, invalid certificates or by concealing circumstances which would have excluded the admission under the applicable provisions;
• 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. assaults or serious violations of honour against superiors or co-workers, receipt of benefits from third persons in connection with the official activity, etc.);
• in case of a significant neglect of the service or unexcused omission of the service during an essential period according to the circumstances;
• if the contract employee refuses to properly perform the service or to comply with official requirements made by the superior;
• if the contract employee operates a secondary occupation which is opposed to decency or which impairs them from fulfilling their official duties, completely and exactly, and if the employee fails to stop them despite a request;
• if the contract employee obtained by deception or abused a medical certificate confirming their illness.

c) Consensual termination

The employment relationship may also come to an end based on a consensual agreement between the employer and contract employee.

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 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;
• termination of the provisional employment relationship;
• 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 (due to a high sentence imposed by an Austrian court);
• loss of Austrian citizenship or loss of citizenship in a country to whose citizens Austria must grant the same rights, based on the Treaty on the European Economic Area; 
• death.

Action before the Arbeits- und Sozialgerichte [Labour and Social Courts] (contract employees)

Complaint before the Landesverwaltungsgericht [State Administrative Court]

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.

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Last update: 23.03.2021