Termination often represents a significant personal and financial burden. Many affected employees are unaware that, under Austrian employment law, a termination can be legally challenged under certain conditions. At the same time, employers must ensure that terminations are prepared in a legally compliant manner in order to avoid costly legal proceedings.
As an employment law attorney in Vienna, Mag. Reinhard Vanek advises both employees and employers on all matters relating to termination, notice periods, and challenges to termination.
Termination under Austrian Employment Law – What Applies?
In Austria, an employment relationship can generally be terminated by giving notice without stating a specific reason. However, the following aspects are crucial:
• Compliance with statutory, collective agreement, or contractual notice periods
• Observance of applicable termination dates
• Consideration of special protection provisions
• Absence of an impermissible motive
Challenging a Termination – When Is It Possible?
A termination may be challenged in court, in particular, in the following cases:
1. Socially Unjustified Termination
A termination is considered socially unjustified if it significantly impairs the employee’s essential interests and there are no sufficient objective reasons for it. Among other factors, the following are taken into account:
• Duration of employment
• Age of the employee
• Maintenance obligations
• Chances on the labor market
• Economic impact of the termination
In long-term employment relationships especially, there are often realistic prospects of success.
If social unfairness is established, the employer may argue that the termination is based on operational or personal reasons. If such exceptional grounds exist, a balancing of interests must be conducted to determine whose interests are more severely affected.
2. Termination for an Impermissible Motive
A termination is unlawful if it is based on a legally prohibited motive, for example:
• Assertion of overtime pay or outstanding remuneration claims
• Trade union activities
• Discrimination (age, gender, religion, ethnic origin, etc.)
In such cases, the termination can be successfully challenged before a court.
3. Special Protection Against Termination
Certain groups of employees enjoy special protection, including:
• Pregnant employees
• Employees on parental leave
• Severely disabled employees (beneficiaries under disability law)
• Works council members
In these cases, prior approval from a competent authority or court is generally required before issuing the termination. Without such approval, the termination is invalid.
What Is the Deadline for Challenging a Termination?
Important: As a rule, a termination must be challenged in court within two weeks of receipt.
The deadline begins upon actual receipt of the notice of termination—not when the letter is sent or on the last working day. If the works council has expressly objected to the termination, it may challenge the termination at the request of the dismissed employee.
If the works council does not comply with this request, the dismissed employee may file a legal challenge against the termination within a further two weeks.
In practice, this deadline is frequently missed. A late challenge is generally no longer admissible.
What Should Employees Do After Receiving a Termination?
• Document the date and circumstances of receipt
• Do not sign any declarations hastily
• Have the notice period reviewed
• Seek legal advice promptly
Early legal assessment can significantly increase the chances of success.
Legal Advice for Employers
Legal support is also advisable for employers. The following errors frequently lead to court proceedings and can result in substantial costs:
• Incorrect notice periods
• Failure to observe termination dates
• Non-compliance with special protection provisions
• Impermissible motives
Careful preparation minimizes these risks.
Your Attorney for Termination and Employment Law in Vienna
Whether you intend to challenge a termination or ensure that an employer’s termination is legally secure, an individual legal assessment is essential. Mag. Reinhard Vanek advises and represents clients in all areas of employment law and supports you in enforcing and safeguarding your rights.
The above statements do not constitute legal advice. Arrange a consultation promptly, as short deadlines apply in termination matters.
