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Termination Notice Template for Austria

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Termination Notice

I need a termination notice to formally end an employment contract, ensuring compliance with Austrian labor laws. The notice should include the effective date of termination, reason for termination, and any applicable notice period, while maintaining a professional and respectful tone.

What is a Termination Notice?

A Termination Notice formally ends an employment relationship under Austrian labor law. It must follow strict requirements about timing and format, giving the employee clear written notice about when their job will end. For most workers, employers need to respect notice periods that range from 6 weeks to 5 months, depending on years of service.

The notice has to include specific details like the termination date and must follow Austria's unique quarter-day system, where employment typically ends on March 31, June 30, September 30, or December 31. Some industries and collective agreements may have different rules, but the notice always needs to protect employee rights under the Angestelltengesetz (Salaried Employees Act).

When should you use a Termination Notice?

Use a Termination Notice when ending any employment relationship in Austria, particularly for standard employment contracts. The timing matters greatly - you need to issue it well before the intended end date to comply with Austria's mandatory notice periods. For example, if you're letting go of a senior employee with 15 years of service, send the notice at least 4 months before their last day.

The notice becomes essential during company restructuring, performance-based dismissals, or when an employee reaches retirement age. It protects both parties by clearly documenting the employment end date and conditions. Many Austrian collective agreements require specific formats and delivery methods, so check your industry's requirements before issuing the notice.

What are the different types of Termination Notice?

Who should typically use a Termination Notice?

  • Employers and HR Departments: Draft and issue Termination Notices, ensure compliance with Austrian labor laws, and manage the formal dismissal process
  • Employees: Receive and acknowledge the notice, have rights to challenge unfair dismissals within specific timeframes
  • Works Councils: Must be consulted before termination in companies with employee representation, can challenge notices that violate collective agreements
  • Legal Advisors: Review notices for compliance, advise on proper procedures, and handle potential disputes
  • Labor Courts: Resolve disputes over termination validity, interpret notice requirements under Austrian employment law

How do you write a Termination Notice?

  • Employment Details: Gather employee's start date, position, and salary to calculate correct notice period under Austrian law
  • Legal Requirements: Check applicable collective agreements and works council consultation requirements
  • Timing Verification: Confirm the termination aligns with Austria's quarter-day system and mandatory notice periods
  • Documentation: Collect performance reviews, warnings, or business reasons justifying the termination
  • Delivery Method: Plan for proper service of notice - registered mail or in-person with signed acknowledgment
  • Template Selection: Use our platform to generate a legally compliant notice that includes all required elements under Austrian law

What should be included in a Termination Notice?

  • Employee Information: Full name, position, employment start date, and current salary details
  • Termination Date: Clear statement of the last working day, aligned with Austrian quarter-day system
  • Notice Period: Explicit mention of the applicable notice period based on length of service
  • Reason Statement: Brief explanation of termination grounds, if required by collective agreement
  • Outstanding Entitlements: Details of remaining vacation days, bonus payments, and other benefits
  • Signature Block: Employer's authorized representative signature, company details, and date
  • Acknowledgment Section: Space for employee's signature confirming receipt

What's the difference between a Termination Notice and a Disciplinary Action Notice?

A Termination Notice differs significantly from a Disciplinary Action Notice in both purpose and legal consequences under Austrian labor law. While both documents relate to employee conduct and employment relationships, they serve distinct functions and trigger different legal processes.

  • Purpose and Timing: A Termination Notice ends the employment relationship with a set end date, while a Disciplinary Action Notice addresses specific misconduct without necessarily ending employment
  • Legal Requirements: Termination Notices must follow strict quarter-day system rules and notice periods, whereas Disciplinary Actions can be issued at any time
  • Consultation Process: Termination often requires works council involvement, while disciplinary actions typically follow internal HR procedures
  • Employee Rights: Termination triggers severance calculations and unemployment benefits eligibility; disciplinary actions focus on correction and improvement opportunities

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