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Notice Periods in Austria (Kündigungsfrist): § 20 AngG Explained

By Recording Law Editorial Team9 min read
Notice Periods in Austria (Kündigungsfrist): § 20 AngG Explained

Frequently Asked Questions

How much notice does my employer have to give me in Austria?

Under § 20 Abs 2 AngG the minimum is six weeks, rising to two months after two completed years of service, three months after five years, four months after fifteen years and five months after twenty five years. The termination normally has to land at the end of a calendar quarter unless the contract sets a different termination date.

Can my employer end my job on any date they choose?

Not under the default rule. § 20 Abs 2 AngG requires termination at the end of a calendar quarter (31 March, 30 June, 30 September or 31 December) unless the employment contract has agreed instead on the 15th of a month or the last day of a month as the termination date.

How much notice do I have to give if I resign?

Under § 20 Abs 4 AngG an employee gives one month's notice, ending on the last day of a calendar month. The contract can extend that up to six months, but it can never make the employee's notice period longer than the employer's.

Can my contract shorten the statutory notice period?

No. A contract or agreement can extend notice periods beyond the § 20 AngG minimums, but it cannot shorten the employer's side of the scale below what the law sets, even with the employee's consent.

Do Arbeiter and Angestellte have the same notice periods in Austria?

Since 1 October 2021, yes. § 1159 ABGB gives Arbeiter the same notice scale as Angestellte under § 20 AngG. The one exception is seasonal industries, where a collective agreement can still set a shorter period under § 1159 Abs 4 ABGB.

Is Austrian notice law the same as German law?

No. Germany's § 622 BGB sets its own notice scale and does not require termination at a calendar quarter end, only at the 15th or the last day of a month. It has no application to an employment relationship based in Austria.

What happens if my employer gives less notice than the law requires?

A termination that does not respect the statutory notice period or the calendar quarter termination date under § 20 AngG can be challenged. An employee affected by this should get individual advice, since the correct remedy depends on the specific facts.

Can my agreed notice period as an employee be longer than my employer's?

No. § 20 Abs 4 AngG caps an employee's agreed notice period so that it can never exceed the employer's own notice period for the same employment relationship.

Sources and References

  1. § 20 Abs 2 AngG, employer notice period of six weeks rising to two, three, four and five months after two, five, fifteen and twenty five completed years of service(ris.bka.gv.at).gov
  2. § 20 Abs 2 AngG, employer termination must fall at the end of a calendar quarter (Kalendervierteljahr)(ris.bka.gv.at).gov
  3. § 20 Abs 3 AngG, the parties may agree instead on the 15th or the last day of a month as the termination date(ris.bka.gv.at).gov
  4. § 20 Abs 4 AngG, employee notice period of one month to the last day of a calendar month(ris.bka.gv.at).gov
  5. § 20 Abs 4 AngG, employee notice may be extended by agreement up to six months but never beyond the employer's notice period(ris.bka.gv.at).gov
  6. § 1159 Abs 2 ABGB, Arbeiter notice periods harmonised with the § 20 AngG scale(ris.bka.gv.at).gov
  7. § 1159 Abs 4 ABGB, employee notice rule for Arbeiter mirrors the one month to month end scale(ris.bka.gv.at).gov
  8. § 1159 Abs 4 ABGB, seasonal industries (Saisonbetrieb) may set shorter notice periods by Kollektivvertrag(ris.bka.gv.at).gov
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